CHAN SAU WAI MAY v. WOO YIU CHUNG BARRY

CHAN SAU WAI MAY v. WOO YIU CHUNG BARRY

On the face of the statement of claim the plaintiff established entitlement to the declaratory relief (defendant holds the Property on trust for the plaintiff), the defendant consented to judgment in the Chinese Agreement, the relief would not affect third parties, and the defendant's repeated legal aid applications were dilatory; accordingly judgment was entered in default and the declaratory relief granted to do full justice to the plaintiff.

Citation
CHAN SAU WAI MAY v. WOO YIU CHUNG BARRY
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 January 2014
Case Number
DCCJ2834/2013
Procedural Posture
Civil Proprietary/declatory Relief (trust) / Application for Default Judgment
Outcome
Judgment entered for the plaintiff; declaratory relief granted that the defendant holds the Property on trust for the plaintiff; order for transfer/delivery subject to Housing Authority consent; no order as to costs.
Legal Topics
Constructive Trust, Beneficial Ownership, Declaratory Relief, Default Judgment, Legal Aid Stay, Home Ownership Scheme
Source Language
EN
Trusts Property Civil Procedure Family Law Housing Law Constructive Trust Beneficial Ownership Declaratory Relief +3 more

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Proprietary/declatory Relief (trust) / Application for Default Judgment

Legal Issues

  1. 1 Whether declaratory relief can be granted on default judgment
  2. 2 Whether the defendant holds the Property on trust for the plaintiff (beneficial ownership)
  3. 3 Whether making the declaration would adversely affect third parties

Ratio Decidendi

On the face of the statement of claim the plaintiff established entitlement to the declaratory relief (defendant holds the Property on trust for the plaintiff), the defendant consented to judgment in the Chinese Agreement, the relief would not affect third parties, and the defendant's repeated legal aid applications were dilatory; accordingly judgment was entered in default and the declaratory relief granted to do full justice to the plaintiff.

Court Disposition

Judgment entered for the plaintiff; declaratory relief granted that the defendant holds the Property on trust for the plaintiff; order for transfer/delivery subject to Housing Authority consent; no order as to costs.

Orders

  • Declaration that Flat 1 on 16th Floor of Block A, Tung Tao Court, No 33, Oi Shun Road, Hong Kong is held by the defendant on trust for the plaintiff and that the plaintiff is the sole beneficial owner of the Property.
  • Order compelling the defendant to deliver and/or transfer the Property to the plaintiff as the Court may direct, subject to the consent of the Hong Kong Housing Authority.