楊漢輝 對 楊漢榮, the Personal Representative of 楊玉麟,DECEASED

楊漢輝 對 楊漢榮, the Personal Representative of 楊玉麟,DECEASED

The court granted the vesting order because the applicant established he was the beneficial owner entitled to the property and there was no opposition; accordingly a vesting order was made under s45 Trustee Ordinance and no orders were made against the defendant.

Citation
[2018] HKCFI 1860
Parties
Applicant/plaintiff: YEUNG HON FAI (楊漢輝); Defendant/personal Representative: YEUNG HON WING (楊漢榮), Personal Representative of YEUNG YUK LUN (楊玉麟) Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 June 2018
Case Number
HCMP1691/2016
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (cap.29) S45 / Hearing and Judgment (application Granted)
Outcome
Application granted; vesting order made under Trustee Ordinance s45
Legal Topics
Vesting Order, Termination of Trust, Beneficial Ownership, Personal Representative
Source Language
CH
Trusts Property Law Probate Equity Vesting Order Termination of Trust Beneficial Ownership Personal Representative

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Parties

YEUNG HON FAI (楊漢輝)

Applicant/plaintiff

YEUNG HON WING (楊漢榮), Personal Representative of YEUNG YUK LUN (楊玉麟) Deceased

Defendant/personal Representative

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (cap.29) S45 / Hearing and Judgment (application Granted)

Legal Issues

  1. 1 Whether the applicant is the beneficial owner entitled to a vesting order
  2. 2 Whether the court should exercise its discretion under s45 Trustee Ordinance to vest the property in the applicant
  3. 3 Whether any beneficiary or interested party opposes the application

Ratio Decidendi

The court granted the vesting order because the applicant established he was the beneficial owner entitled to the property and there was no opposition; accordingly a vesting order was made under s45 Trustee Ordinance and no orders were made against the defendant.

Court Disposition

Application granted; vesting order made under Trustee Ordinance s45

Orders

  • Vesting order made pursuant to item 1 of the originating process under s45 of the Trustee Ordinance (Cap.29).
  • No orders made against the defendant.