Read the full judgment text of FCMC 13698/2013 on BabelCite. This Family Court judgment was delivered on 17 April 2024 before His Honour Judge S. Lo.
Matrimonial proceedings – Preliminary issues – Beneficial ownership of landed properties – Trusts – Common intention constructive trust – Resulting trust – TF Co. Ltd. shareholding – Section 17 MPPO – Dissipation of assets – Dividends – Director’s emoluments – Unit trust funds – Costs. Whether H is beneficial owner of properties registered in R2’s name – No, payments were gifts. Whether R2 is beneficial shareholder of TF Co. Ltd. – No, evidence not credible. Whether transfers of dividends intended to defeat financial provision claim – Yes, set aside. Whether transfers of unit trust funds intended to defeat financial provision claim – Yes, order to return. No order as to costs.
Legal issues: Landed Properties Preliminary Issue · TF Co. Ltd. Preliminary Issue · Dividends and Director’s Emoluments Section 17 Application · Unit Trust Section 17 Application · Costs
Outcome: H not beneficial owner of Landed Properties; R2 not beneficial shareholder of TF Co. Ltd.; Dividends set aside; Unit Trust Funds returned.
Cited by 5 cases · Cites 3 cases