KWAN KWAI LIN AND ANOTHER v. YEUNG ON KI

KWAN KWAI LIN AND ANOTHER v. YEUNG ON KI

The plaintiffs failed to discharge the burden to prove any express, constructive or resulting trust: their evidence was inconsistent and inherently improbable while the defendant's credible evidence and contemporaneous messages and financial records supported that she was the sole beneficial owner; accordingly the plaintiffs' claims fail and the defendant is entitled to possession and mesne profits.

Citation
[2022] HKCFI 174
Parties
1st Plaintiff: Kwan Kwai Lin; 2nd Plaintiff (administrator of the Estate of Yeung Ho Wai, Deceased): Kwan Kwai Lin; Defendant: Yeung On Ki
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 January 2022
Case Number
HCA3013/2015
Procedural Posture
Civil Action (property/estate Dispute) / Judgment (trial Concluded 14 January 2022)
Outcome
Judgment for defendant; plaintiffs' claims dismissed; defendant's counterclaim for vacant possession and mesne profits allowed
Legal Topics
Common Intention Constructive Trust, Resulting Trust, Express Trust, Breach of Trust, Beneficial Ownership, Mesne Profits, Vacant Possession, Evidence and Credibility
Source Language
EN
Trusts Property Law Equity Probate Civil Litigation Common Intention Constructive Trust Resulting Trust Express Trust +5 more

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Parties

Kwan Kwai Lin

1st Plaintiff

Kwan Kwai Lin

2nd Plaintiff (administrator of the Estate of Yeung Ho Wai, Deceased)

Yeung On Ki

Defendant

Procedural Posture

Civil Action (property/estate Dispute) / Judgment (trial Concluded 14 January 2022)

Legal Issues

  1. 1 Whether the plaintiffs hold any beneficial interest in the Property despite the defendant being the registered owner
  2. 2 Whether the defendant breached a trust by re-mortgaging the Property in 2015
  3. 3 Whether the defendant is entitled to vacant possession and mesne profits

Ratio Decidendi

The plaintiffs failed to discharge the burden to prove any express, constructive or resulting trust: their evidence was inconsistent and inherently improbable while the defendant's credible evidence and contemporaneous messages and financial records supported that she was the sole beneficial owner; accordingly the plaintiffs' claims fail and the defendant is entitled to possession and mesne profits.

Court Disposition

Judgment for defendant; plaintiffs' claims dismissed; defendant's counterclaim for vacant possession and mesne profits allowed

Orders

  • The plaintiffs' claims in these proceedings are dismissed
  • The plaintiffs must deliver vacant possession of the Property to the defendant within 28 days