TSANG SHUK KWAN v. SHIU YIM FONG LOUISA AND ANOTHER

TSANG SHUK KWAN v. SHIU YIM FONG LOUISA AND ANOTHER

On the evidence the Plaintiff advanced money as a loan to her son and did not communicate an intention to the 1st Defendant to acquire a beneficial interest; the Plaintiff's direct testimony displaced any inference of a resulting or common intention constructive trust; Lau and the 1st Defendant had a verbal 50:50 agreement between themselves; the 1st Defendant received HK$275,000; consequently the Plaintiff's constructive trust claim fails and her claim is dismissed.

Citation
TSANG SHUK KWAN v. SHIU YIM FONG LOUISA AND ANOTHER
Parties
Plaintiff: Tsang Shuk Kwan; 1st Defendant: Shiu Yim Fong Louisa; 2nd Defendant: Fung Lai Chun
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 August 2010
Case Number
DCCJ893/2008
Procedural Posture
Civil (constructive Trust/resulting Trust) / Judgment After Trial
Outcome
Plaintiff's claim dismissed
Legal Topics
Constructive Trust, Resulting Trust, Beneficial Ownership, Oral Agreement, Quantum of Advancement, Witness Credibility
Source Language
EN
Equity Trusts Property Law Civil Litigation Constructive Trust Resulting Trust Beneficial Ownership Oral Agreement +2 more

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Parties

Tsang Shuk Kwan

Plaintiff

Shiu Yim Fong Louisa

1st Defendant

Fung Lai Chun

2nd Defendant

Procedural Posture

Civil (constructive Trust/resulting Trust) / Judgment After Trial

Legal Issues

  1. 1 Whether the Plaintiff's payment to her son constituted a constructive trust over the Property
  2. 2 Whether there was a common intention between the Plaintiff and the 1st Defendant to confer beneficial interest on the Plaintiff
  3. 3 Credibility dispute between Lau and the 1st Defendant as to terms and amounts

Ratio Decidendi

On the evidence the Plaintiff advanced money as a loan to her son and did not communicate an intention to the 1st Defendant to acquire a beneficial interest; the Plaintiff's direct testimony displaced any inference of a resulting or common intention constructive trust; Lau and the 1st Defendant had a verbal 50:50 agreement between themselves; the 1st Defendant received HK$275,000; consequently the Plaintiff's constructive trust claim fails and her claim is dismissed.

Court Disposition

Plaintiff's claim dismissed

Orders

  • The Plaintiff's claim is dismissed
  • Costs order nisi that the Plaintiff pay the costs of this action to the Defendants with certificate for counsel to be taxed if not agreed; costs order nisi to be made absolute 14 days from judgment unless varied by summons