RE LAU SHUI PING

RE LAU SHUI PING

Given the uncontested facts — purchaser was a minor at conveyance, trustee was properly registered under s18, beneficiary later attained majority, trustee died without appointing an administrator and the beneficiary now intends to deal with the Property — the court was satisfied that a vesting order under s45 should be made on an ex parte originating summons, following analogous authorities, and therefore ordered vesting as prayed.

Citation
RE LAU SHUI PING
Parties
Applicant: Applicant; Trustee (deceased): Lau Kwai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 August 2014
Case Number
HCMP1715/2014
Procedural Posture
Application for Vesting Order Under Trustees Ordinance / Originating Summons (ex Parte)
Outcome
Vesting order granted in terms of the originating summons; no order as to costs.
Legal Topics
Vesting Order, Removal of Trustee, Minor's Property, New Territories Ordinance S18, Trustees Ordinance S45
Source Language
EN
Trusts Property Succession Civil Procedure Vesting Order Removal of Trustee Minor's Property New Territories Ordinance S18 +1 more

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Parties

Applicant

Applicant

Lau Kwai

Trustee (deceased)

Procedural Posture

Application for Vesting Order Under Trustees Ordinance / Originating Summons (ex Parte)

Legal Issues

  1. 1 Whether a vesting order under section 45 of the Trustees Ordinance should be granted to vest the Property in the Applicant
  2. 2 Whether the trusteeship created under section 18 of the New Territories Ordinance continues after the beneficiary attained majority and the trustee died without appointing an administrator
  3. 3 Whether an ex parte originating summons is an appropriate procedure to obtain the vesting order

Ratio Decidendi

Given the uncontested facts — purchaser was a minor at conveyance, trustee was properly registered under s18, beneficiary later attained majority, trustee died without appointing an administrator and the beneficiary now intends to deal with the Property — the court was satisfied that a vesting order under s45 should be made on an ex parte originating summons, following analogous authorities, and therefore ordered vesting as prayed.

Court Disposition

Vesting order granted in terms of the originating summons; no order as to costs.

Orders

  • Vesting order under section 45 of the Trustees Ordinance made in terms of the originating summons.
  • No order as to costs for the application.