CHEUNG LAI MUI, THE EXECUTRIX OF THE ESTATE OF CHEUNG PING KAU AND THE ADMINISTRATRIX OF THE ESTATE OF CHEUNG PING FUK (ALIAS CHEUNG BING FUK) v. CHEUNG WAI SHING AND OTHERS

CHEUNG LAI MUI, THE EXECUTRIX OF THE ESTATE OF CHEUNG PING KAU AND THE ADMINISTRATRIX OF THE ESTATE OF CHEUNG PING FUK (ALIAS CHEUNG BING FUK) v. CHEUNG WAI SHING AND OTHERS

On the evidence the court found a clear Common Understanding within the family that the 3rd defendant was to be the sole beneficial owner of Lot No 1101; the 3rd defendant had acted to his detriment and consistently treated the land as his home, giving rise to a common intention constructive trust and proprietary estoppel in his favour; alternatively the 3rd defendant possessed the land with requisite control and animus; accordingly the plaintiff's claims failed and declarations and transfer in favour of the 3rd defendant and accounts to the 1st and 2nd defendants were ordered.

Citation
CHEUNG LAI MUI, THE EXECUTRIX OF THE ESTATE OF CHEUNG PING KAU AND THE ADMINISTRATRIX OF THE ESTATE OF CHEUNG PING FUK (ALIAS CHEUNG BING FUK) v. CHEUNG WAI SHING AND OTHERS
Parties
Plaintiff: Plaintiff; Defendant: 1st Defendant; Defendant: 2nd Defendant; Defendant: 3rd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 April 2017
Case Number
HCA1652/2012
Procedural Posture
Civil Land and Property Dispute (constructive Trust / Estoppel / Adverse Possession) / Judgment at Trial (court of First Instance)
Outcome
Plaintiff's claims dismissed. Declarations entered that 3rd defendant is sole beneficial owner; plaintiff to convey 2/3 interest to 3rd defendant; plaintiff to account and pay 1/3 of rental income and mesne profits to 1st and 2nd defendants; counterclaims succeed; costs awarded against plaintiff.
Legal Topics
Common Intention Constructive Trust, Proprietary Estoppel, Promissory Estoppel, Estoppel by Acquiescence/standing by, Adverse Possession, Partition, Costs
Source Language
EN
Property Law Equity Trusts Land Law Civil Procedure Common Intention Constructive Trust Proprietary Estoppel Promissory Estoppel +4 more

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Parties

Plaintiff

Plaintiff

1st Defendant

Defendant

2nd Defendant

Defendant

3rd Defendant

Defendant

Procedural Posture

Civil Land and Property Dispute (constructive Trust / Estoppel / Adverse Possession) / Judgment at Trial (court of First Instance)

Legal Issues

  1. 1 Whether a common intention constructive trust arose in favour of the 3rd defendant over Lot No 1101
  2. 2 Whether proprietary estoppel or promissory estoppel prevents the paper owners from asserting title
  3. 3 Whether estoppel by standing by/acquiescence operates against the plaintiff

Ratio Decidendi

On the evidence the court found a clear Common Understanding within the family that the 3rd defendant was to be the sole beneficial owner of Lot No 1101; the 3rd defendant had acted to his detriment and consistently treated the land as his home, giving rise to a common intention constructive trust and proprietary estoppel in his favour; alternatively the 3rd defendant possessed the land with requisite control and animus; accordingly the plaintiff's claims failed and declarations and transfer in favour of the 3rd defendant and accounts to the 1st and 2nd defendants were ordered.

Court Disposition

Plaintiff's claims dismissed. Declarations entered that 3rd defendant is sole beneficial owner; plaintiff to convey 2/3 interest to 3rd defendant; plaintiff to account and pay 1/3 of rental income and mesne profits to 1st and 2nd defendants; counterclaims succeed; costs awarded against plaintiff.

Orders

  • Declaration that the 3rd defendant is the sole beneficial owner of all interests, rights and/or title in relation to Lot No 1101
  • Declaration that the plaintiff is a constructive trustee holding 2/3 interests in the Disputed Land for the 3rd defendant