KAN KIU CHOR v. FUNG SHU FUN, the Administratrix of TANG CHUEN, deceased

KAN KIU CHOR v. FUNG SHU FUN, the Administratrix of TANG CHUEN, deceased

The court granted the declaration and ordered transfer because the defendant admitted she would not contest and confirmed she holds the property on trust, the plaintiff filed documentary and sworn evidence showing he financed acquisition and outgoings and has a genuine need for declaratory relief, and justice required departure from the normal practice of withholding declaratory relief in default.

Citation
KAN KIU CHOR v. FUNG SHU FUN, the Administratrix of TANG CHUEN, deceased
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 April 2016
Case Number
HCA1902/2015
Procedural Posture
Default Judgment Application Under Order 19 Rule 7 / Hearing of Plaintiff's Summons for Default Judgment
Outcome
Order in terms of the plaintiff's summons dated 9 March 2016: declaration granted and defendant ordered to effect transfer.
Legal Topics
Common Intention Constructive Trust, Resulting Trust, Declaratory Relief, Default Judgment
Source Language
EN
Property Law Trusts Civil Procedure Common Intention Constructive Trust Resulting Trust Declaratory Relief Default Judgment

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Default Judgment Application Under Order 19 Rule 7 / Hearing of Plaintiff's Summons for Default Judgment

Legal Issues

  1. 1 Whether the defendant holds the property on trust for the plaintiff
  2. 2 Whether the court should grant declaratory relief in default of defence
  3. 3 Whether a trial is necessary when the defendant does not contest and evidence is filed

Ratio Decidendi

The court granted the declaration and ordered transfer because the defendant admitted she would not contest and confirmed she holds the property on trust, the plaintiff filed documentary and sworn evidence showing he financed acquisition and outgoings and has a genuine need for declaratory relief, and justice required departure from the normal practice of withholding declaratory relief in default.

Court Disposition

Order in terms of the plaintiff's summons dated 9 March 2016: declaration granted and defendant ordered to effect transfer.

Orders

  • Declaration that the property situated at Flat No 4 on 31st Floor of Block A, Kam Tai Court, 33 Ning Tai Road, Shatin, New Territories, is held by the defendant for and on behalf of and as trustee of the plaintiff who is entitled to the sole beneficial ownership therein.
  • The defendant shall procure and take all necessary steps for transfer and assignment of the property to the plaintiff.