YEUNG CHUNG CHAK v. FU MAN, the administrator of the estate of YEUNG HOI PING, deceased AND OTHERS

YEUNG CHUNG CHAK v. FU MAN, the administrator of the estate of YEUNG HOI PING, deceased AND OTHERS

Plaintiff failed to discharge the burden of proof: there was no reliable contemporaneous evidence or credible witness testimony establishing the alleged family agreements or the asserted financial contributions; the facts and inherent probabilities show the businesses and funds were family-managed and mortgage repayments were made from family funds; therefore no common intention constructive trust arose and the Plaintiff's claim is dismissed.

Citation
[2023] HKCFI 2298
Parties
Plaintiff: Yeung Chung Chak; 1st Defendant (administratrix of Estate): Fu Man (administrator of the estate of Yeung Hoi Ping, deceased); 2nd Defendant: Yang Zhongqi; 3rd Defendant: Yeung Lai Kwan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 September 2023
Case Number
HCA2240/2018
Procedural Posture
Civil Action – Proprietary Dispute (common Intention Constructive Trust) / Judgment After Trial
Outcome
Plaintiff's claims dismissed against 1st Defendant; judgment for 1st Defendant (administratrix)
Legal Topics
Common Intention Constructive Trust, Resulting Trust, Mesne Profits, Beneficial Ownership
Source Language
EN
Trusts Property Succession/intestacy Civil Procedure Common Intention Constructive Trust Resulting Trust Mesne Profits Beneficial Ownership

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Parties

Yeung Chung Chak

Plaintiff

Fu Man (administrator of the estate of Yeung Hoi Ping, deceased)

1st Defendant (administratrix of Estate)

Yang Zhongqi

2nd Defendant

Yeung Lai Kwan

3rd Defendant

Procedural Posture

Civil Action – Proprietary Dispute (common Intention Constructive Trust) / Judgment After Trial

Legal Issues

  1. 1 Whether the alleged 1st and 2nd Family Agreements existed establishing a common intention constructive trust
  2. 2 Whether the Plaintiff contributed HK$300,000 as alleged in 1992
  3. 3 Whether the Plaintiff was solely responsible for mortgage repayments (Liu Chong Hing and AVCO mortgages)

Ratio Decidendi

Plaintiff failed to discharge the burden of proof: there was no reliable contemporaneous evidence or credible witness testimony establishing the alleged family agreements or the asserted financial contributions; the facts and inherent probabilities show the businesses and funds were family-managed and mortgage repayments were made from family funds; therefore no common intention constructive trust arose and the Plaintiff's claim is dismissed.

Court Disposition

Plaintiff's claims dismissed against 1st Defendant; judgment for 1st Defendant (administratrix)

Orders

  • Plaintiff's claims dismissed
  • Costs order nisi: Plaintiff to pay the costs of the action to the 1st Defendant, to be taxed if not agreed