YIP YUK KWONG v. YIP CHUN YIN AND OTHERS

YIP YUK KWONG v. YIP CHUN YIN AND OTHERS

On the balance of probabilities the court found that at acquisition the common intention of the family was that Paul held his legal interest on trust for his father and mother; contemporaneous conduct and Paul's own assertion in his bankruptcy petition, together with the explanation that title was in Paul's name...

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Citation
YIP YUK KWONG v. YIP CHUN YIN AND OTHERS
Parties
Plaintiff: Yip Yuk Kwong; 1st Defendant: Yip Chun Yin alias Yip Chun Pong Paul; 2nd Defendant: Wong Kit Bing; 3rd Defendant: The Official Receiver and the Trustee of the Property of Yip Chun Pong Paul
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 July 2015
Case Number
HCMP2552/2014
Procedural Posture
Originating Summons (miscellaneous Proceedings) in the High Court Concerning Property and Bankruptcy / Judgment (hearing and Judgment 3 July 2015)
Outcome
Declaration made that prior to the bankruptcy order dated 10 June 1998 the named proprietors held the Property on trust for the plaintiff and his wife as joint tenants; court vested legal and beneficial title in the plaintiff and his wife as joint tenants; no order as to costs.
Legal Topics
Common Intention Constructive Trust, Beneficial Ownership, Presumption of Advancement, Vesting Orders in Bankruptcy
Source Language
en
Equity Trusts Property Law Bankruptcy Common Intention Constructive Trust Beneficial Ownership Presumption of Advancement Vesting Orders in Bankruptcy

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Parties

Yip Yuk Kwong

Plaintiff

Yip Chun Yin alias Yip Chun Pong Paul

1st Defendant

Wong Kit Bing

2nd Defendant

The Official Receiver and the Trustee of the Property of Yip Chun Pong Paul

3rd Defendant

Procedural Posture

Originating Summons (miscellaneous Proceedings) in the High Court Concerning Property and Bankruptcy / Judgment (hearing and Judgment 3 July 2015)

Legal Issues

  1. 1 Whether at the time of acquisition there was a common intention that the son's legal title was held on trust for the father
  2. 2 Whether the father's payment of mortgage and contemporaneous conduct amounted to detrimental reliance
  3. 3 Whether it is unconscionable for the registered proprietor to assert legal title against the asserted beneficial owner

Ratio Decidendi

On the balance of probabilities the court found that at acquisition the common intention of the family was that Paul held his legal interest on trust for his father and mother; contemporaneous conduct and Paul's own assertion in his bankruptcy petition, together with the explanation that title was in Paul's name solely to obtain concessionary legal fees and the father's payments of mortgage instalments, rebutted the presumption of advancement and made it unconscionable for Paul (and the Official Receiver) to assert beneficial ownership.

Court Disposition

Declaration made that prior to the bankruptcy order dated 10 June 1998 the named proprietors held the Property on trust for the plaintiff and his wife as joint tenants; court vested legal and beneficial title in the plaintiff and his wife as joint tenants; no order as to costs.

Orders

  • Declaration that prior to the bankruptcy order dated 10 June 1998 Yip Chun Yin alias Yip Chun Pong Paul and Wong Kit Bing held the Property on trust for Yip Yuk Kwong and Wong Kit Bing as joint tenants
  • Order vesting the legal and beneficial interest in the Property in Yip Yuk Kwong and Wong Kit Bing as joint tenants