RE CHUNG KAI YIN

RE CHUNG KAI YIN

The court was satisfied there was no one to be served or to represent the relevant estates, the property was not included in the earlier grant of probate, and therefore it was appropriate under the court's powers (s.45 Trustees Ordinance) to order the property to vest in the applicant absolutely, subject to the condition that the applicant file an affirmation exhibiting the grant of probate in respect of his father's estate.

Citation
RE CHUNG KAI YIN
Parties
Applicant: CHUNG KAI YIN; Deceased (former Registered Owner): Chung Ping-cheung; Deceased (potentially Interested Party): So Mo-ching; Deceased (potentially Interested Party): Chung Chi-fai (aka Chung Chi-fei)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 May 2014
Case Number
HCMP751/2014
Procedural Posture
Hcmp: Vesting Order Under Trustees Ordinance / Property Dispute / Ex Parte Originating Summons (vesting Order Application)
Outcome
Order made that the property vest in the applicant absolutely subject to a condition to exhibit the grant of probate; ex parte application allowed
Legal Topics
Vesting Order, Section 45 Trustees Ordinance, Grant of Probate, Representation of Estates, Ex Parte Proceedings
Source Language
EN
Trusts Property Probate Civil Procedure Vesting Order Section 45 Trustees Ordinance Grant of Probate Representation of Estates +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

CHUNG KAI YIN

Applicant

Chung Ping-cheung

Deceased (former Registered Owner)

So Mo-ching

Deceased (potentially Interested Party)

Chung Chi-fai (aka Chung Chi-fei)

Deceased (potentially Interested Party)

Procedural Posture

Hcmp: Vesting Order Under Trustees Ordinance / Property Dispute / Ex Parte Originating Summons (vesting Order Application)

Legal Issues

  1. 1 Whether the court should make a vesting order under s.45 Trustees Ordinance to vest the property in the applicant
  2. 2 Whether there is any person to represent the estates of the applicant's mother and uncle and thus whether ex parte proceedings are appropriate
  3. 3 Whether the absence of the property from the schedule to an earlier grant of probate affects entitlement

Ratio Decidendi

The court was satisfied there was no one to be served or to represent the relevant estates, the property was not included in the earlier grant of probate, and therefore it was appropriate under the court's powers (s.45 Trustees Ordinance) to order the property to vest in the applicant absolutely, subject to the condition that the applicant file an affirmation exhibiting the grant of probate in respect of his father's estate.

Court Disposition

Order made that the property vest in the applicant absolutely subject to a condition to exhibit the grant of probate; ex parte application allowed

Orders

  • Property (CHUNG UK TSUN LOT NO 57) to vest in the applicant absolutely for the entire legal and beneficial estate and interest, subject to the order not taking effect until the applicant files a further affirmation exhibiting the grant of probate in respect of his father's estate.
  • Proceedings to be dealt with ex parte as there is no one to be served.