TIN WAN TUNG v. WONG SEE YIN AND OTHERS

TIN WAN TUNG v. WONG SEE YIN AND OTHERS

The court found that Wong knowingly made false representations inducing Tin and Full Pacific to transfer their properties; the conveyancing documents thus are rescinded ab initio; the properties are held by Fully Fortune (and the corporate defendants under Wong's control) on resulting and/or constructive trust for the plaintiffs; Wong is liable to indemnify the plaintiffs for losses including the Dah Sing Bank mortgage and specified related proceedings; the defendants' counterclaims are dismissed; plaintiffs are entitled to interest and costs.

Citation
[2018] HKCFI 1143
Parties
Plaintiff: Tin; Plaintiff: Full Pacific Development Limited; 1st Defendant: Wong See Yin; 2nd Defendant: Matrix Wealth Limited; 3rd Defendant: Fully Fortune (Asia) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 2018
Case Number
HCA167/2011
Procedural Posture
Consolidated Civil Actions for Misrepresentation, Unjust Enrichment and Proprietary Relief (hca167/2011 & Hca1801/2010) / Judgment (trial and Final Decision)
Outcome
Judgment for plaintiffs (Tin and Full Pacific). Conveyances rescinded; declarations and proprietary relief granted; counterclaims dismissed; indemnity, interest and costs awarded.
Legal Topics
Fraudulent Misrepresentation, Rescission, Unjust Enrichment, Constructive Trust, Resulting Trust, Proprietary Restitution, Indemnity, Mortgage Encumbrance, Costs and Interest
Source Language
EN
Contract Equity Property Tort Civil Procedure Fraudulent Misrepresentation Rescission Unjust Enrichment +6 more

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Parties

Tin

Plaintiff

Full Pacific Development Limited

Plaintiff

Wong See Yin

1st Defendant

Matrix Wealth Limited

2nd Defendant

Fully Fortune (Asia) Limited

3rd Defendant

Procedural Posture

Consolidated Civil Actions for Misrepresentation, Unjust Enrichment and Proprietary Relief (hca167/2011 & Hca1801/2010) / Judgment (trial and Final Decision)

Legal Issues

  1. 1 What representations were made by Wong to the plaintiffs and were they true?
  2. 2 Whether representations were made fraudulently, recklessly or negligently
  3. 3 Whether the conveyances should be rescinded ab initio

Ratio Decidendi

The court found that Wong knowingly made false representations inducing Tin and Full Pacific to transfer their properties; the conveyancing documents thus are rescinded ab initio; the properties are held by Fully Fortune (and the corporate defendants under Wong's control) on resulting and/or constructive trust for the plaintiffs; Wong is liable to indemnify the plaintiffs for losses including the Dah Sing Bank mortgage and specified related proceedings; the defendants' counterclaims are dismissed; plaintiffs are entitled to interest and costs.

Court Disposition

Judgment for plaintiffs (Tin and Full Pacific). Conveyances rescinded; declarations and proprietary relief granted; counterclaims dismissed; indemnity, interest and costs awarded.

Orders

  • Declaration that Fully Fortune holds Tin's property as bare trustee on resulting trust and/or constructive trust for Tin.
  • Declaration that Tin is and was sole legal and beneficial owner of Tin's property and in actual possession and occupation.