17 Jun 2022
The appeal is dismissed because the plaintiff failed to prove an express trust of 50% in Praiseup; contemporaneous documents and findings established VTI China held 18.53% and the defendant held 31.47% beneficially, and in any event the claim was barred by laches after prolonged delay causing prejudice to the defendant.
24 Sept 1997
Section 13(4) CPO applied to the 1955 vesting deed and created a statutory presumption of the truth of its recitals; applicants failed to rebut that presumption. The questioned signature and informal marginal Chinese notes did not displace the presumption or satisfy formalities required to create a trust. Solicitor attestation and donor identification supported the respondents' title. Therefore respondents had made good title and the application must be dismissed.
13 Jul 1987
No trust was created over the time deposit: there was no intention to create a trust and the class of potential beneficiaries was too uncertain; accordingly the deposit was not and never was subject to any trust and the bank held it free of encumbrance and could pay it out on maturity.