WONG MING YAU v. WONG WAI WA AND ANOTHER

WONG MING YAU v. WONG WAI WA AND ANOTHER

On the balance of probabilities the deceased provided the entire purchase price and all mortgage instalments, did not intend to confer any beneficial interest on her son, and therefore was sole beneficial owner; legal title to the property held by Wong Ming Yau is held on resulting trust for the deceased's estate; the tenancy dated 25 December 2010 is valid and confers occupation rights to Wong Wai Wa; accordingly court ordered conveyance of Ming Yau's legal title to the estate and dismissed Ming Yau's counterclaims and claim against Wai Wa.

Citation
WONG MING YAU v. WONG WAI WA AND ANOTHER
Parties
Plaintiff (representative of the Estate of HO SEE Fung, Deceased): WONG KWONG LUNG; Defendant / Plaintiff (in HCMP 1810/2011): WONG MING YAU; 1st Defendant (in HCMP 1810/2011): WONG WAI WA; 2nd Defendant (persons in Occupation): PERSONS IN OCCUPATION OF THE PROPERTY
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 September 2014
Case Number
HCMP1810/2011
Procedural Posture
Civil — Property/trust/succession Dispute (hca 1111/2011 and HCMP 1810/2011) / Judgment at Trial (court of First Instance)
Outcome
Declaration that the deceased (Ho See Fung) was sole beneficial owner of Shop 7C; Wong Ming Yau holds Shop 7C on trust for the deceased's estate; order that Wong Ming Yau convey and transfer all his title, interests and rights in Shop 7C to Wong Kwong Lung for the benefit of the estate; Wong Ming Yau's counterclaim...
Legal Topics
Resulting Trust, Presumption of Advancement, Severance of Joint Tenancy, Validity of Tenancy Agreement, Misrepresentation (abandoned), Possession and Trespass, Costs
Source Language
EN
Property Trusts and Equity Succession Contract (tenancy) Tort (trespass) Resulting Trust Presumption of Advancement Severance of Joint Tenancy +4 more

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Parties

WONG KWONG LUNG

Plaintiff (representative of the Estate of HO SEE Fung, Deceased)

WONG MING YAU

Defendant / Plaintiff (in HCMP 1810/2011)

WONG WAI WA

1st Defendant (in HCMP 1810/2011)

PERSONS IN OCCUPATION OF THE PROPERTY

2nd Defendant (persons in Occupation)

Procedural Posture

Civil — Property/trust/succession Dispute (hca 1111/2011 and HCMP 1810/2011) / Judgment at Trial (court of First Instance)

Legal Issues

  1. 1 Whether the deceased (Ho See Fung) was sole beneficial owner of Shop 7C or whether title vested beneficially in joint ownership with Wong Ming Yau
  2. 2 Whether a resulting trust arises such that Wong Ming Yau holds his legal interest on trust for the deceased's estate
  3. 3 Whether the presumption of advancement applies and if it is rebutted

Ratio Decidendi

On the balance of probabilities the deceased provided the entire purchase price and all mortgage instalments, did not intend to confer any beneficial interest on her son, and therefore was sole beneficial owner; legal title to the property held by Wong Ming Yau is held on resulting trust for the deceased's estate; the tenancy dated 25 December 2010 is valid and confers occupation rights to Wong Wai Wa; accordingly court ordered conveyance of Ming Yau's legal title to the estate and dismissed Ming Yau's counterclaims and claim against Wai Wa.

Court Disposition

Declaration that the deceased (Ho See Fung) was sole beneficial owner of Shop 7C; Wong Ming Yau holds Shop 7C on trust for the deceased's estate; order that Wong Ming Yau convey and transfer all his title, interests and rights in Shop 7C to Wong Kwong Lung for the benefit of the estate; Wong Ming Yau's counterclaim...

Orders

  • Declaration that the deceased was sole beneficial owner of Shop 7C
  • Declaration that Wong Ming Yau holds Shop 7C on trust for the deceased's estate