RE NG SUA KEA

RE NG SUA KEA

Because there was no personal representative of the intermediate trustee (Chui Chun Fai) able or willing to possess the legal title and the applicants had acquired the beneficial interest and been in peaceful, uninterrupted possession since 1992, the court concluded that section 45(e) Trustee Ordinance applied and it was appropriate to vest legal title in the applicants as joint tenants.

Citation
RE NG SUA KEA
Parties
Purchasers/applicants Seeking Vesting Order: Applicants (purchasers); Deceased/former Registered Owner: Ng Sua Kea; Letter of Administration Grantee of Ng Sua Kea (deceased); Intestate Deceased 2003: Chui Chun Fai; Attorney Who Sold the Premises as Attorney of Chui Chun Fai: Chui Yiu Fai; Heir/potential Personal Representative (resides in Vietnam; Did Not Apply for Administration): Surviving spouse of Chui Chun Fai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 January 2017
Case Number
HCMP3570/2016
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (cap 29) / Ruling (chambers)
Outcome
Application granted: vesting order issued; legal title vested in the applicants as joint tenants; no order as to costs.
Legal Topics
Vesting Order, Section 45 Trustee Ordinance, Letters of Administration, Title Defect, Intestacy
Source Language
EN
Trusts and Trustees Probate and Administration Land and Property Equity Vesting Order Section 45 Trustee Ordinance Letters of Administration Title Defect +1 more

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Parties

Applicants (purchasers)

Purchasers/applicants Seeking Vesting Order

Ng Sua Kea

Deceased/former Registered Owner

Chui Chun Fai

Letter of Administration Grantee of Ng Sua Kea (deceased); Intestate Deceased 2003

Chui Yiu Fai

Attorney Who Sold the Premises as Attorney of Chui Chun Fai

Surviving spouse of Chui Chun Fai

Heir/potential Personal Representative (resides in Vietnam; Did Not Apply for Administration)

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (cap 29) / Ruling (chambers)

Legal Issues

  1. 1 Whether section 45(e) Trustee Ordinance applies where there is no available personal representative of an intermediate administrator
  2. 2 Whether it is appropriate to vest legal title in applicants who hold the beneficial interest and have been in peaceful possession
  3. 3 Whether the applicants' equitable interest and unchallenged occupation justify vesting order despite lack of formal administration

Ratio Decidendi

Because there was no personal representative of the intermediate trustee (Chui Chun Fai) able or willing to possess the legal title and the applicants had acquired the beneficial interest and been in peaceful, uninterrupted possession since 1992, the court concluded that section 45(e) Trustee Ordinance applied and it was appropriate to vest legal title in the applicants as joint tenants.

Court Disposition

Application granted: vesting order issued; legal title vested in the applicants as joint tenants; no order as to costs.

Orders

  • Vesting order granted to vest the legal title of the subject premises in the applicants as joint tenants pursuant to section 45(e) Trustee Ordinance (Cap 29).
  • There be no order as to costs.