TJOE, JOEN MOY v. LIE HERLINA JAUHARI

TJOE, JOEN MOY v. LIE HERLINA JAUHARI

The Court accepted the Plaintiff proved beneficial ownership of the Indonesian property and that the purchase money and mortgage repayments for the Hong Kong flat derived from that source; the Defendant failed to prove the Deed of Gift or that Tony was the funder and failed to rebut the presumption of resulting trust; therefore a resulting trust arose in favour of the Plaintiff as to the half share registered in the Defendant's name and declarations and specific transfer/delivery orders were appropriate.

Citation
TJOE, JOEN MOY v. LIE HERLINA JAUHARI
Parties
Plaintiff: Plaintiff; Next Friend: CHIOE POO YING; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 September 2003
Case Number
DCCJ417/2001
Procedural Posture
Civil Property/trust Dispute / Judgment After Trial (district Court)
Outcome
Judgment for Plaintiff
Legal Topics
Resulting Trust, Presumption of Advancement, Severance of Joint Tenancy, Deed of Gift, Foreign Law Evidence, Order for Sale, Costs
Source Language
EN
Trusts Property Law Equity Civil Procedure Family Law Resulting Trust Presumption of Advancement Severance of Joint Tenancy +4 more

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Parties

Plaintiff

Plaintiff

CHIOE POO YING

Next Friend

Defendant

Defendant

Procedural Posture

Civil Property/trust Dispute / Judgment After Trial (district Court)

Legal Issues

  1. 1 Whether the Plaintiff beneficially owned the Indonesian property
  2. 2 Authenticity and legal effect of the Deed of Gift
  3. 3 Whether the purchase price and mortgage repayments were paid by the Plaintiff or by Tony

Ratio Decidendi

The Court accepted the Plaintiff proved beneficial ownership of the Indonesian property and that the purchase money and mortgage repayments for the Hong Kong flat derived from that source; the Defendant failed to prove the Deed of Gift or that Tony was the funder and failed to rebut the presumption of resulting trust; therefore a resulting trust arose in favour of the Plaintiff as to the half share registered in the Defendant's name and declarations and specific transfer/delivery orders were appropriate.

Court Disposition

Judgment for Plaintiff

Orders

  • Declaration that the Notice of Severance and the Deed of Gift executed by the deceased YF are null and void and of no effect
  • Declaration that the half share of the Property registered in the Defendant's name is held by the Defendant on trust for the Plaintiff