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

[2021] HKCFA 23 Court of Final Appeal 15 July 2021 • FAMV95/2021 • 13 min read
6 cases cited (0 SG, 6 foreign) Cited by 1 case

Practice Areas

Conveyancing and Property Ordinance

Judges (3)

Bokhary Coram Fok Coram Ribeiro Coram

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 (4)

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 中紀投資有限公司 Unknown 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

Judgment

Read the full judgment on the official Hong Kong Courts portal.

Read on HKLII

Source: HKLII ([2021] HKCFA 23)