CHU CHUNG MING v. NGAI SAU WAH

CHU CHUNG MING v. NGAI SAU WAH

On the evidence the Plaintiff failed to prove an express or resulting trust in respect of the shares and failed to establish that the HK$1,000,000 represented purchase money paid by him to the Defendant; the three cheques were more likely part of the overdraft account arrangements and repayments to Lam Wai Tat,...

Source-derived case information.

Citation
CHU CHUNG MING v. NGAI SAU WAH
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 January 2013
Case Number
HCA673/2011
Procedural Posture
Civil Trust and Proprietary Claim / Judgment (trial)
Outcome
Plaintiff's claims dismissed
Legal Topics
Express Trust, Resulting Trust, Payment/return of Funds, Beneficial Ownership of Shares, Credibility and Weight of Evidence
Source Language
en
Trusts Equity Property Company Law Civil Procedure Express Trust Resulting Trust Payment/return of Funds +2 more

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Trust and Proprietary Claim / Judgment (trial)

  1. 1 Whether the Defendant held 100/152 of the shares of Capital Honour Enterprises Limited on express or resulting trust for the Plaintiff
  2. 2 Whether HK$1,000,000 paid by three cheques constituted purchase money paid by the Plaintiff to the Defendant and is recoverable
  3. 3 Whether the Plaintiff discharged the evidential and legal burden to establish a trust or repayment claim

Ratio Decidendi

On the evidence the Plaintiff failed to prove an express or resulting trust in respect of the shares and failed to establish that the HK$1,000,000 represented purchase money paid by him to the Defendant; the three cheques were more likely part of the overdraft account arrangements and repayments to Lam Wai Tat, therefore the Plaintiff's claims are dismissed.

Court Disposition

Plaintiff's claims dismissed

Orders

  • Claim dismissed
  • There be an order nisi that costs be to the Defendant