RE TANG CHAU SANG AND ANOTHER

RE TANG CHAU SANG AND ANOTHER

There was no personal representative of the deceased trustee and no one to serve; accordingly the court properly exercised its statutory power under section 45 of the Trustee Ordinance to vest the legal interests in the three lots absolutely in the applicants.

Citation
RE TANG CHAU SANG AND ANOTHER
Parties
Beneficiaries of the Interests in Lung Yeuk Tau Siu Hang Lots 12, 14 and 15: Applicants (beneficiaries); Deceased Original Owner: Mr Tang Kat Shiu (deceased); Deceased Trustee and Former Legal Owner: Madam Tang Hau Shi (deceased); Judge of the Court of First Instance: Judge L. Chan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 2014
Case Number
HCMP3469/2013
Procedural Posture
Application for Vesting Order Under Section 45 Trustee Ordinance (cap 29) / Ex Parte Application; Final Vesting Order Made
Outcome
Vesting order made under section 45 Trustee Ordinance (Cap 29): interests in Lung Yeuk Tau Siu Hang Lots Nos 12, 14 and 15 vested absolutely in the applicants; matter heard ex parte; no order as to costs.
Legal Topics
Vesting Order, Removal of Trusteeship, Title to Land, Administration of Deceased's Estate, Service on Parties
Source Language
EN
Trusts Property Succession Civil Procedure Land Registration Vesting Order Removal of Trusteeship Title to Land +2 more

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Parties

Applicants (beneficiaries)

Beneficiaries of the Interests in Lung Yeuk Tau Siu Hang Lots 12, 14 and 15

Mr Tang Kat Shiu (deceased)

Deceased Original Owner

Madam Tang Hau Shi (deceased)

Deceased Trustee and Former Legal Owner

Judge L. Chan

Judge of the Court of First Instance

Procedural Posture

Application for Vesting Order Under Section 45 Trustee Ordinance (cap 29) / Ex Parte Application; Final Vesting Order Made

Legal Issues

  1. 1 Whether a vesting order under s45 Trustee Ordinance can be made where the trustee is deceased and there is no personal representative
  2. 2 Whether the legal interests held by the deceased trustee in the specified lots should be vested in the beneficiaries
  3. 3 Whether the application was properly heard ex parte in circumstances where there was no one to serve

Ratio Decidendi

There was no personal representative of the deceased trustee and no one to serve; accordingly the court properly exercised its statutory power under section 45 of the Trustee Ordinance to vest the legal interests in the three lots absolutely in the applicants.

Court Disposition

Vesting order made under section 45 Trustee Ordinance (Cap 29): interests in Lung Yeuk Tau Siu Hang Lots Nos 12, 14 and 15 vested absolutely in the applicants; matter heard ex parte; no order as to costs.

Orders

  • Vesting order under section 45 Trustee Ordinance (Cap 29) vesting the interests in Lung Yeuk Tau Siu Hang Lots Nos 12, 14 and 15 in the applicants absolutely.
  • No order as to costs.