21 May 2015
On the holistic assessment of evidence and conduct the Judge found it more probable that the Mother funded the purchase and that the Kunming Court property was held by the Wife on trust for the Mother; accordingly the sale proceeds in the Wife's accounts (including RMB held in Shenzhen) are held on trust for the Mother and are not matrimonial assets for division.
17 Apr 2015
On the balance of the evidence the court found that at the time of the 1984 allotment the transferor's intention was that the shares were held by the children as nominees on trust for the parents (and after the father's death for the mother); subsequent conduct and independent evidence (mother, daughters, former wife Rose) corroborated that intention and there was no evidence that the shares had since been converted into gifts, therefore the Husband holds the 5,000 shares on trust for the Mother and the Wife's s.17 application failed.