EASTERN DISTRICT FRESH FISH MERCHANTS’ SOCIETY AND ANOTHER v. NG CHUK YUEN

EASTERN DISTRICT FRESH FISH MERCHANTS’ SOCIETY AND ANOTHER v. NG CHUK YUEN

Having found the Properties were held on express trust for the Society, that most original trustees had died and that the remaining trustee (1st Defendant) could not be located despite diligent search and likely deceased, the court exercised its discretion under the Trustee Ordinance to appoint the three named replacement trustees in substitution for the missing trustee and permitted the proceedings to continue on substituted service grounds.

Citation
[2024] HKCFI 1271
Parties
1st Plaintiff: Eastern District Fresh Fish Merchants’ Society (東區鮮魚業商會); 2nd Plaintiff: Wong Tung Hay (黃東起); 1st Defendant: Ng Chuk Yuen (吳卓賢); 2nd Defendant (discontinued): Lui Tin Yan (呂天恩); 3rd Defendant (discontinued): Ng Chui Lam (吳照林)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 May 2024
Case Number
HCMP1156/2022
Procedural Posture
Trustee Ordinance Proceeding (originating Summons) / Decision Following Hearing in Chambers
Outcome
Court appointed three replacement trustees in substitution for the missing trustee and made no order as to costs.
Legal Topics
Appointment of Trustees, Vesting Order, Substituted Service, Trustee Removal
Source Language
EN
Trusts Property Law Civil Procedure Appointment of Trustees Vesting Order Substituted Service Trustee Removal

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Parties

Eastern District Fresh Fish Merchants’ Society (東區鮮魚業商會)

1st Plaintiff

Wong Tung Hay (黃東起)

2nd Plaintiff

Ng Chuk Yuen (吳卓賢)

1st Defendant

Lui Tin Yan (呂天恩)

2nd Defendant (discontinued)

Ng Chui Lam (吳照林)

3rd Defendant (discontinued)

Procedural Posture

Trustee Ordinance Proceeding (originating Summons) / Decision Following Hearing in Chambers

Legal Issues

  1. 1 Whether the Properties are held on express trust for the Society by the named trustees
  2. 2 Whether the court should appoint replacement trustees under the Trustee Ordinance when an original trustee cannot be found or is likely deceased
  3. 3 Whether substituted service and proceeding in the absence of a missing trustee is lawful and sufficient under the Trustee Ordinance

Ratio Decidendi

Having found the Properties were held on express trust for the Society, that most original trustees had died and that the remaining trustee (1st Defendant) could not be located despite diligent search and likely deceased, the court exercised its discretion under the Trustee Ordinance to appoint the three named replacement trustees in substitution for the missing trustee and permitted the proceedings to continue on substituted service grounds.

Court Disposition

Court appointed three replacement trustees in substitution for the missing trustee and made no order as to costs.

Orders

  • Guo Huandong (郭煥東), Lau Wai Tak (劉偉德) and Lai Wing Kin (黎永健) are appointed as the trustees of the Society in relation to Flats 4 and 5 on 2nd Floor, Tung Tai House, Nos 144-148 Shau Kei Wan Main Street East & Nos 10-14 Factory Street, Hong Kong, in substitution of Ng Chuk Yuen (吳卓賢).
  • No order as to costs.