CHOY PO CHUN AND ANOTHER v. AU WING LUN

CHOY PO CHUN AND ANOTHER v. AU WING LUN

The court found appointment of an administrator pendent lite expedient due to substantial estate, active rent litigation and non-cooperation between rival executors; on balance Hang Seng (Trustee) Limited was preferred because it is a specialist trust corporation with reputation, likely better able to provide security and obtain a grant speedily, and the defendant's allegations about its neutrality were unfounded and irrelevant to its fitness; appointment was made conditional on filing specified corporate/consent documents and further submissions on the scope of powers.

Citation
CHOY PO CHUN AND ANOTHER v. AU WING LUN
Parties
Plaintiffs / Applicants: Plaintiffs (two executors under 2002 will); Defendant / Executor Under 2008 Will: Au Wing Lun (aka Au Wing Lun William)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 May 2010
Case Number
HCAP7/2010
Procedural Posture
Probate and Administration / Application for Appointment of Administrator Pendent Lite (directions Hearing Pending)
Outcome
Hang Seng (Trustee) Limited to be appointed administrator pendent lite subject to filing of required documents and further submissions on scope of powers
Legal Topics
Appointment of Administrator Pendent Lite, Fiduciary Duties of Administrators, Conflict of Interest Neutrality, Security for Grant, Scope of Interim Powers, Practice Borrowing From English Probate Registry
Source Language
EN
Probate Trusts Estate Administration Civil Procedure Appointment of Administrator Pendent Lite Fiduciary Duties of Administrators Conflict of Interest Neutrality Security for Grant +2 more

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Parties

Plaintiffs (two executors under 2002 will)

Plaintiffs / Applicants

Au Wing Lun (aka Au Wing Lun William)

Defendant / Executor Under 2008 Will

Procedural Posture

Probate and Administration / Application for Appointment of Administrator Pendent Lite (directions Hearing Pending)

Legal Issues

  1. 1 Whether an administrator pendent lite should be appointed
  2. 2 Which candidate is the proper administrator pendent lite
  3. 3 Whether Hang Seng (Trustee) Limited has a disqualifying conflict of interest or lacks neutrality

Ratio Decidendi

The court found appointment of an administrator pendent lite expedient due to substantial estate, active rent litigation and non-cooperation between rival executors; on balance Hang Seng (Trustee) Limited was preferred because it is a specialist trust corporation with reputation, likely better able to provide security and obtain a grant speedily, and the defendant's allegations about its neutrality were unfounded and irrelevant to its fitness; appointment was made conditional on filing specified corporate/consent documents and further submissions on the scope of powers.

Court Disposition

Hang Seng (Trustee) Limited to be appointed administrator pendent lite subject to filing of required documents and further submissions on scope of powers

Orders

  • Plaintiffs to file and serve within 7 days a confirmation whether Hang Seng (Trustee) Limited is a trust corporation and, if so, furnish a certificate under S.78 Trustee Ordinance (Cap.29)
  • Plaintiffs to file and serve the consent of Hang Seng (Trustee) Limited to act within 7 days