[2021] HKCFA 23, OSMAN MOHAMMED ARAB AND ANOTHER V. NG SHUI CHING, IRENE AND ANOTHER - Judgment, Outcome & Holding

Judges (3)

Counsel (8)

Huen & Partners Firm Munros Firm Angela Gwilt Counsel Defendant Audrey Eu Counsel Plaintiff C Y Li Counsel Defendant Jeff Chan Counsel Plaintiff Melinda Chiang Counsel Defendant Prisca Cheung Counsel Plaintiff

Parties (3)

Gain Whole Development Limited Defendant Osman Mohammed Arab and Wong Kwok Keung, the Joint and Several Trustees-in-Bankruptcy of Ng Shiu Kwan, a Bankrupt Plaintiff Ng Shui Ching, Irene Defendant

Summary

The trustees-in-bankruptcy of Ng Shiu Kwan sought leave to appeal in proceedings to recover property allegedly transferred at an undervalue to the bankrupt's sister. The key issue involved the proper approach to evaluating evidence of beneficial ownership and the application of the presumption of resulting trust. The application for leave to appeal was refused.

Statutes Cited

Conveyancing and Property Ordinance (Cap 219)

s 60

Cases Cited (6)

UK (1)

[2011] 1 AC 534

HK (5)

(2011) 14 HKCFAR 798 (2015) 18 HKCFAR 491 (2019) 22 HKCFAR 392 [2020] HKCA 818 [2021] HKCA 220

Cited By (1)

[2021] HKCFA 29

OSMAN MOHAMMED ARAB AND ANOTHER V. NG SHUI CHING, IRENE AND ANOTHER

Citation influence

HKLII records this judgment as cited by 1 later judgment. This counts every later Hong Kong judgment that references this case, which is broader than the resolved citations listed above.

[2021] HKCFA 29 Court of Final Appeal

10 August 2021