RE LAL DIPCHAND HARDASANI AND OTHERS

RE LAL DIPCHAND HARDASANI AND OTHERS

There were no surviving or identifiable trustees of Inland Lot No.2727; the Applicants, being persons otherwise interested and residents who have actively managed the trust property and were nominated by the Association, had standing and were suitable; it was expedient to exercise the court's s.42(1) discretion to appoint them as trustees and to make vesting orders under ss.45/50/53 TO to vest the legal estate in them to secure proper administration of the charitable trust.

Citation
[2026] HKCFI 2447
Parties
1st Applicant: Lal Dipchand Hardasani; 2nd Applicant: Bhagwandas K. Kripalani; 3rd Applicant: Venkata Subramanian Natarajan; 4th Applicant: Anil Kumar Gupta; 5th Applicant: Vishal Khurana
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 April 2026
Case Number
HCMP1864/2025
Procedural Posture
Miscellaneous Proceedings (trusts) / Judgment (reasons for Judgment)
Outcome
Application granted in full as sought
Legal Topics
Appointment of Trustees, Vesting Order, Standing to Sue in Charity Matters, Trust Administration, Trustee Ordinance Interpretation
Source Language
EN
Trusts Charities Law Property Law Administrative/land Registry Procedure Appointment of Trustees Vesting Order Standing to Sue in Charity Matters Trust Administration +1 more

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Parties

Lal Dipchand Hardasani

1st Applicant

Bhagwandas K. Kripalani

2nd Applicant

Venkata Subramanian Natarajan

3rd Applicant

Anil Kumar Gupta

4th Applicant

Vishal Khurana

5th Applicant

Procedural Posture

Miscellaneous Proceedings (trusts) / Judgment (reasons for Judgment)

Legal Issues

  1. 1 Whether there are any surviving or identifiable trustees of Inland Lot No.2727
  2. 2 Whether the Applicants have standing to apply under s.57A Trustee Ordinance
  3. 3 Whether it is expedient to exercise the court's discretion under s.42 Trustee Ordinance to appoint new trustees

Ratio Decidendi

There were no surviving or identifiable trustees of Inland Lot No.2727; the Applicants, being persons otherwise interested and residents who have actively managed the trust property and were nominated by the Association, had standing and were suitable; it was expedient to exercise the court's s.42(1) discretion to appoint them as trustees and to make vesting orders under ss.45/50/53 TO to vest the legal estate in them to secure proper administration of the charitable trust.

Court Disposition

Application granted in full as sought

Orders

  • Declaration that there are no surviving trustees of Inland Lot No.2727 or that any existing trustees cannot be found or their identities ascertained
  • Appointment of the five Applicants as trustees of Inland Lot No.2727 in substitution for any existing trustees and their successors