LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI AND OTHERS

LAM KA WAI REBECCA AND ANOTHER v. LAM JENNY, THE ADMINISTRATOR OF THE ESTATE OF LAM KAM WAI AND OTHERS

There were reasonable grounds for forensic investigation into the Subject Assets (the GTE Sum and the Rainbow Rich loan) given conflicting explanations, incomplete documentary support and accounting entries; forensic accounting expertise was required; accordingly the court removed the existing administrators and appointed Derek Lai and Guy Norman of Deloitte (as professional administrators) to investigate and administer the estate, with costs reserved.

Citation
[2022] HKCFI 3653
Parties
1st Plaintiff: Lam Ka Wai Rebecca; 2nd Plaintiff: Lam Kai Cheung; 1st Defendant: Lam Jenny; 2nd Defendant: Chui Pak Ming Norman; 3rd Defendant: Lam Calina Ka Ling; 4th Defendant: Lam Ka Kei Annie; 5th Defendant: Lam Philip Kai Tak
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 December 2022
Case Number
HCMP1014/2021
Procedural Posture
Probate and Administration Originating Summons (order 85 Rules of the High Court; Probate and Administration Ordinance) / Hearing Concluded; Reserved Decision on Appointment of Administrators and Ancillary Directions
Outcome
Existing administrators Lam Jenny and Chui Pak Ming Norman removed; Derek Lai and Guy Norman of Deloitte appointed as professional administrators; ancillary orders made in terms of draft and costs to be determined by written submissions
Legal Topics
Removal of Administrators, Appointment of Professional Administrator, Investigation of Estate Assets, Shareholder Loans, Deed of Family Arrangement, Costs
Source Language
EN
Probate and Administration Trusts and Estates Civil Procedure Company Law Forensic Accounting Removal of Administrators Appointment of Professional Administrator Investigation of Estate Assets +3 more

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Parties

Lam Ka Wai Rebecca

1st Plaintiff

Lam Kai Cheung

2nd Plaintiff

Lam Jenny

1st Defendant

Chui Pak Ming Norman

2nd Defendant

Lam Calina Ka Ling

3rd Defendant

Lam Ka Kei Annie

4th Defendant

Lam Philip Kai Tak

5th Defendant

Procedural Posture

Probate and Administration Originating Summons (order 85 Rules of the High Court; Probate and Administration Ordinance) / Hearing Concluded; Reserved Decision on Appointment of Administrators and Ancillary Directions

Legal Issues

  1. 1 Whether existing administrators should be removed and replaced
  2. 2 Whether reasonable grounds exist for forensic investigation of the Subject Assets (GTE Sum and Rainbow Rich loan)
  3. 3 Whether independent professional administrator(s) should be appointed and if so whether one or two

Ratio Decidendi

There were reasonable grounds for forensic investigation into the Subject Assets (the GTE Sum and the Rainbow Rich loan) given conflicting explanations, incomplete documentary support and accounting entries; forensic accounting expertise was required; accordingly the court removed the existing administrators and appointed Derek Lai and Guy Norman of Deloitte (as professional administrators) to investigate and administer the estate, with costs reserved.

Court Disposition

Existing administrators Lam Jenny and Chui Pak Ming Norman removed; Derek Lai and Guy Norman of Deloitte appointed as professional administrators; ancillary orders made in terms of draft and costs to be determined by written submissions

Orders

  • Orders in terms of paragraphs 1 to 7 of the draft order submitted by Plaintiffs' counsel (Mr Tang) granted
  • Remove Lam Jenny and Chui Pak Ming Norman as administrators of the estate and appoint Derek Lai and Guy Norman of Deloitte as administrators in their place