RE LEUNG KWAI MAN alias LEUNG MAN

RE LEUNG KWAI MAN alias LEUNG MAN

The court was satisfied on the evidence that the statutory condition under section 45(e) of the Trustee Ordinance was met, that the applicant is the beneficial owner of the properties, and that, given the circumstances and authority, the application could properly be heard ex parte; accordingly a vesting order was made in the terms sought.

Citation
RE LEUNG KWAI MAN alias LEUNG MAN
Parties
Applicant / Beneficiary: Leung Man (also known as Leung Kwai Man); Trustee (registered Owner; Deceased): Leung Chung Yu (also known as Leung Mau Cheong)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2015
Case Number
HCMP3193/2014
Procedural Posture
HCMP 3193/2014 Miscellaneous Proceedings Under the Trustee Ordinance / Ex Parte Originating Summons for Vesting Order
Outcome
Vesting order made in terms of paragraph 2 of the originating summons; no order as to costs.
Legal Topics
Vesting Order, Trustee Ordinance S45, Missing Death Certificate, Ex Parte Application
Source Language
EN
Trusts Property Law Succession Civil Procedure Vesting Order Trustee Ordinance S45 Missing Death Certificate Ex Parte Application

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Parties

Leung Man (also known as Leung Kwai Man)

Applicant / Beneficiary

Leung Chung Yu (also known as Leung Mau Cheong)

Trustee (registered Owner; Deceased)

Procedural Posture

HCMP 3193/2014 Miscellaneous Proceedings Under the Trustee Ordinance / Ex Parte Originating Summons for Vesting Order

Legal Issues

  1. 1 Whether conditions for a vesting order under section 45(e) Trustee Ordinance Cap.29 are satisfied
  2. 2 Whether the applicant is beneficially entitled to the properties
  3. 3 Whether the application may properly be heard ex parte without appointing personal representatives of the deceased trustee

Ratio Decidendi

The court was satisfied on the evidence that the statutory condition under section 45(e) of the Trustee Ordinance was met, that the applicant is the beneficial owner of the properties, and that, given the circumstances and authority, the application could properly be heard ex parte; accordingly a vesting order was made in the terms sought.

Court Disposition

Vesting order made in terms of paragraph 2 of the originating summons; no order as to costs.

Orders

  • Order in terms of paragraph 2 of the originating summons vesting The Remaining Portion of Lot No.736 and The Remaining Portion of Lot No.737 in the applicant
  • No order as to costs