RE CHU CLANSMEN’S FRATERNITY ASSOCIATION LTD AND OTHERS

RE CHU CLANSMEN’S FRATERNITY ASSOCIATION LTD AND OTHERS

On the facts the Properties were held on trust for members pre-incorporation and, by incorporation and subsequent conduct (novation/estoppel), the 1st Applicant became beneficial owner; because the original trustees are dead or cannot be located, the Court exercised its jurisdiction under Trustee Ordinance s45(d) to vest legal title in the 1st Applicant and granted declarations and vesting orders accordingly.

Citation
[2024] HKCFI 1974
Parties
1st Applicant: CHU CLANSMEN’S FRATERNITY ASSOCIATION LIMITED (朱氏宗親總會有限公司); 2nd Applicant: CHU MOK BAL (朱木波); 3rd Applicant: CHU YICK TAI (朱益娣)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 August 2024
Case Number
HCMP677/2024
Procedural Posture
Miscellaneous Proceedings Under Trustee Ordinance (cap 29) / Judgment on Ex Parte Originating Summons
Outcome
Declaration that the 1st Applicant is sole beneficial owner of the Properties and vesting of the legal title in the 1st Applicant under Trustee Ordinance s45(d); no order as to costs
Legal Topics
Vesting Order Under Trustee Ordinance S45(d), Unincorporated Association Trust for Members, Novation and Estoppel on Incorporation, Declaration of Trust Under Conveyancing and Property Ordinance S5(1)
Source Language
EN
Trusts Property Equity Civil Procedure Vesting Order Under Trustee Ordinance S45(d) Unincorporated Association Trust for Members Novation and Estoppel on Incorporation Declaration of Trust Under Conveyancing and Property Ordinance S5(1)

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Parties

CHU CLANSMEN’S FRATERNITY ASSOCIATION LIMITED (朱氏宗親總會有限公司)

1st Applicant

CHU MOK BAL (朱木波)

2nd Applicant

CHU YICK TAI (朱益娣)

3rd Applicant

Procedural Posture

Miscellaneous Proceedings Under Trustee Ordinance (cap 29) / Judgment on Ex Parte Originating Summons

Legal Issues

  1. 1 Whether the 1st Applicant is the sole beneficial owner of the Properties
  2. 2 Whether the Properties were held on trust for members of an unincorporated association pre-incorporation
  3. 3 Whether incorporation effected novation/estoppel transferring beneficial ownership to the company

Ratio Decidendi

On the facts the Properties were held on trust for members pre-incorporation and, by incorporation and subsequent conduct (novation/estoppel), the 1st Applicant became beneficial owner; because the original trustees are dead or cannot be located, the Court exercised its jurisdiction under Trustee Ordinance s45(d) to vest legal title in the 1st Applicant and granted declarations and vesting orders accordingly.

Court Disposition

Declaration that the 1st Applicant is sole beneficial owner of the Properties and vesting of the legal title in the 1st Applicant under Trustee Ordinance s45(d); no order as to costs

Orders

  • Declaration that since its incorporation the 1st Applicant has been the sole beneficial owner of the Properties
  • Order that the whole of the legal title and interest in the Properties be vested in the 1st Applicant pursuant to Trustee Ordinance (Cap 29) s45(d)