RE the Joint and Several Administrators of the Estate of KUNG NINA

RE the Joint and Several Administrators of the Estate of KUNG NINA

Applying ss.45 and 52 of the Trustee Ordinance and authorities, the judge was satisfied on the evidence that Donald held the Subject Assets on trust for the Estate of Kung Ning and that he died without an identifiable personal representative; the court exercised its discretion to grant final vesting orders on an ex parte basis and ordered vesting in terms of the Draft Order.

Citation
[2026] HKCFI 1304
Parties
Applicants: Joint and Several Administrators of the Estate of Kung Ning (Nina); Deceased Trustee/record Owner of the Subject Assets: Donald Quintin Cheung (deceased); Respondent on Notice: Zeta; Respondent on Notice: Chinachem Investment Company Limited; Respondent on Notice: On Shiu Enterprises Limited (in liquidation) / Liquidator of On Shiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 March 2026
Case Number
HCMP1015/2025
Procedural Posture
Application for Vesting Orders Under the Trustee Ordinance (cap.29) / Interlocutory Ex Parte Application Determined on Paper (chambers)
Outcome
Vesting orders granted in terms of the Draft Order under sections 45 and 52 of the Trustee Ordinance; application allowed and matter disposed on paper
Legal Topics
Vesting Orders, Administration of Estates, Trustee Obligations, Transfer of Shares
Source Language
EN
Trusts Probate Property Law Equity Vesting Orders Administration of Estates Trustee Obligations Transfer of Shares

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Parties

Joint and Several Administrators of the Estate of Kung Ning (Nina)

Applicants

Donald Quintin Cheung (deceased)

Deceased Trustee/record Owner of the Subject Assets

Zeta

Respondent on Notice

Chinachem Investment Company Limited

Respondent on Notice

On Shiu Enterprises Limited (in liquidation) / Liquidator of On Shiu

Respondent on Notice

Procedural Posture

Application for Vesting Orders Under the Trustee Ordinance (cap.29) / Interlocutory Ex Parte Application Determined on Paper (chambers)

Legal Issues

  1. 1 Whether the Subject Assets were held by Donald on trust for the Estate of Kung Ning
  2. 2 Whether there is no personal representative of the deceased trustee or it is uncertain who is the personal representative
  3. 3 Whether the court should exercise its discretion to make final vesting orders on an ex parte basis under ss.45 and 52 of the Trustee Ordinance

Ratio Decidendi

Applying ss.45 and 52 of the Trustee Ordinance and authorities, the judge was satisfied on the evidence that Donald held the Subject Assets on trust for the Estate of Kung Ning and that he died without an identifiable personal representative; the court exercised its discretion to grant final vesting orders on an ex parte basis and ordered vesting in terms of the Draft Order.

Court Disposition

Vesting orders granted in terms of the Draft Order under sections 45 and 52 of the Trustee Ordinance; application allowed and matter disposed on paper

Orders

  • Vesting orders made in terms of the Draft Order to vest the Subject Assets in the Estate of Kung Ning pursuant to ss.45 and 52 of the Trustee Ordinance (Cap.29)
  • Application determined on paper (Chambers)