IP CHEN MING aka CHEN MING IP v. IP CHEU KEUNG aka CHEN (or CHEU) KEUNG IP AND ANOTHER

IP CHEN MING aka CHEN MING IP v. IP CHEU KEUNG aka CHEN (or CHEU) KEUNG IP AND ANOTHER

Madam Yau, the trustee of record, had died and no personal representative had been appointed; this falls within section 45(e) of the Trustee Ordinance, authorising the court to make a vesting order. On the evidence and given there was no one to be served, the court properly heard the matter ex parte and vested the Properties in the Applicants as tenants in common in equal shares.

Citation
[2023] HKCFI 996
Parties
1st Applicant: IP CHEN MING (also known as Chen Ming Ip); 2nd Applicant: IP CHEU KEUNG (also known as Chen (or Cheu) Keung Ip); 3rd Applicant: IP CHUN PING (also known as Chun Ping Ip)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 April 2023
Case Number
HCMP367/2023
Procedural Posture
Vesting Order Application Under Section 45 Trustee Ordinance (cap.29) / Ex Parte Originating Summons Heard in Chambers; Decision Delivered
Outcome
Vesting order granted under section 45 Trustee Ordinance; Properties vested in the Applicants as tenants in common in equal shares; no order as to costs.
Legal Topics
Vesting Order, Deceased Trustee, No Personal Representative, Ex Parte Procedure
Source Language
EN
Trusts Property Law Probate and Succession Civil Procedure Vesting Order Deceased Trustee No Personal Representative Ex Parte Procedure

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Parties

IP CHEN MING (also known as Chen Ming Ip)

1st Applicant

IP CHEU KEUNG (also known as Chen (or Cheu) Keung Ip)

2nd Applicant

IP CHUN PING (also known as Chun Ping Ip)

3rd Applicant

Procedural Posture

Vesting Order Application Under Section 45 Trustee Ordinance (cap.29) / Ex Parte Originating Summons Heard in Chambers; Decision Delivered

Legal Issues

  1. 1 Whether s45(e) Trustee Ordinance permits a vesting order where the trustee of record is deceased and has no personal representative
  2. 2 Whether the application may proceed ex parte because there is no one to be served
  3. 3 Whether the Properties should be vested in the Applicants as tenants in common in equal shares

Ratio Decidendi

Madam Yau, the trustee of record, had died and no personal representative had been appointed; this falls within section 45(e) of the Trustee Ordinance, authorising the court to make a vesting order. On the evidence and given there was no one to be served, the court properly heard the matter ex parte and vested the Properties in the Applicants as tenants in common in equal shares.

Court Disposition

Vesting order granted under section 45 Trustee Ordinance; Properties vested in the Applicants as tenants in common in equal shares; no order as to costs.

Orders

  • Order under section 45 of the Trustee Ordinance (Cap.29) vesting the Properties in the Applicants as tenants in common in equal shares
  • Application allowed to proceed ex parte