RE KOON (OR KUN) TIN SANG

RE KOON (OR KUN) TIN SANG

The court found the registered succession document indicated co-ownership rather than an apparent trust, there was no evidence the Secretary for Home Affairs had appointed a trustee under s.18 Cap.97, and therefore the present ex parte originating summons was not the appropriate procedure; the application was adjourned sine die with liberty to restore so that the Applicant can pursue the correct statutory route under Cap.97 and/or Cap.10 if appropriate.

Citation
RE KOON (OR KUN) TIN SANG
Parties
Applicant: Applicant; Alleged Trustee: Uncle (alleged trustee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 November 2001
Case Number
HCMP5748/2001
Procedural Posture
Originating Summons (ex Parte) Under Trustee/land Vesting / Hearing; Application Adjourned Sine Die
Outcome
Application adjourned sine die with liberty to restore.
Legal Topics
Termination of Trusteeship, Vesting Order, Appointment of Trustee for a Minor, Registration of Succession, Jurisdictional Procedural Requirements
Source Language
EN
Trusts Property Law New Territories Law Probate and Administration Termination of Trusteeship Vesting Order Appointment of Trustee for a Minor Registration of Succession +1 more

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Parties

Applicant

Applicant

Uncle (alleged trustee)

Alleged Trustee

Procedural Posture

Originating Summons (ex Parte) Under Trustee/land Vesting / Hearing; Application Adjourned Sine Die

Legal Issues

  1. 1 Whether the uncle holds a half share as trustee for the Applicant
  2. 2 Whether the Secretary for Home Affairs exercised power to appoint a trustee under s.18 New Territories Ordinance (Cap.97)
  3. 3 Whether the present application should proceed under the New Territories Ordinance (Cap.97) and/or the Probate and Administration Ordinance (Cap.10) rather than by originating summons under the Trustee Ordinance

Ratio Decidendi

The court found the registered succession document indicated co-ownership rather than an apparent trust, there was no evidence the Secretary for Home Affairs had appointed a trustee under s.18 Cap.97, and therefore the present ex parte originating summons was not the appropriate procedure; the application was adjourned sine die with liberty to restore so that the Applicant can pursue the correct statutory route under Cap.97 and/or Cap.10 if appropriate.

Court Disposition

Application adjourned sine die with liberty to restore.

Orders

  • Application adjourned sine die with liberty to restore.