RE LI KAM WAH AND OTHERS

RE LI KAM WAH AND OTHERS

The court was satisfied there was no personal representative of the deceased trustee and that the applicants provided sufficient evidence and undertakings; accordingly the court granted the vesting orders sought under s45(e) of the Trustee Ordinance and allowed the application to proceed ex parte.

Citation
[2019] HKCFI 990
Parties
1st Applicant: LI KAM WAH; 2nd Applicant: LEE EDDIE CHEUNG FAT also known as LI TSEUNG FAT; 3rd Applicant: LEE ANGELA HUI-YUE executrix of the Estate of LEE ERIC POON FUK (deceased); 4th Applicant: LEE ANGELA HUEI-YUE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2019
Case Number
HCMP2194/2018
Procedural Posture
Miscellaneous Proceedings Under Trustee Ordinance (s45) / Ex Parte Originating Summons for Vesting Orders; Decision on Originating Summons
Outcome
Application allowed; vesting orders granted under s45(e) Trustee Ordinance; application proceeded ex parte; no order as to costs.
Legal Topics
Vesting Order, Removal of Trustee, Succession to Property, Probate Registry Search, Land Registration
Source Language
EN
Trusts Probate Land Law Civil Procedure Vesting Order Removal of Trustee Succession to Property Probate Registry Search +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

LI KAM WAH

1st Applicant

LEE EDDIE CHEUNG FAT also known as LI TSEUNG FAT

2nd Applicant

LEE ANGELA HUI-YUE executrix of the Estate of LEE ERIC POON FUK (deceased)

3rd Applicant

LEE ANGELA HUEI-YUE

4th Applicant

Procedural Posture

Miscellaneous Proceedings Under Trustee Ordinance (s45) / Ex Parte Originating Summons for Vesting Orders; Decision on Originating Summons

Legal Issues

  1. 1 Whether a vesting order can be made under s45(e) of the Trustee Ordinance where a trustee is deceased and there is no personal representative
  2. 2 Whether the absence of certain land search records or a registered Deed of Family Arrangement prevents vesting
  3. 3 Whether the application may proceed ex parte where no one can be served

Ratio Decidendi

The court was satisfied there was no personal representative of the deceased trustee and that the applicants provided sufficient evidence and undertakings; accordingly the court granted the vesting orders sought under s45(e) of the Trustee Ordinance and allowed the application to proceed ex parte.

Court Disposition

Application allowed; vesting orders granted under s45(e) Trustee Ordinance; application proceeded ex parte; no order as to costs.

Orders

  • Vesting order that the 2nd Group of properties be vested in A1 (Li Kam Wah), A2 (Lee Eddie Cheung Fat) and A3 (Lee Angela Hui-Yue as executrix) as tenants in common in equal shares
  • Vesting order that Lot No. 733 be vested in A1 (Li Kam Wah) and A3 (Lee Angela Hui-Yue as executrix) as tenants in common in equal shares