TANG CHUN KIT AND ANOTHER v. TANG LO PING

TANG CHUN KIT AND ANOTHER v. TANG LO PING

The 1st Plaintiff, though illegitimate, is entitled to an equal share of distributions from Tang Nam Kai Tso; entitlement runs from 10 September 2004 (date of earlier judgment), no retrospective claims before that date are permitted, and the costs of these proceedings are to be paid from the Tso trust fund (with the Plaintiffs' own costs taxed under Legal Aid Regulations).

Citation
TANG CHUN KIT AND ANOTHER v. TANG LO PING
Parties
1st Plaintiff: Tang Chun Kit (minor) by Tang Man Lok (father and next friend); 2nd Plaintiff: Tang Chung Ming (minor); Defendant (registered Manager): Tang Lo Ping (sued as registered manager for and on behalf of Tang Nam Kai (or Chai) Tso)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 September 2005
Case Number
HCMP5529/2000
Procedural Posture
Miscellaneous Proceedings (hcmp) — Trust/tso Administration / Judgment on Declarations and Costs (court of First Instance)
Outcome
Declaration granted that the 1st Plaintiff is entitled to an equal share of distributions from Tang Nam Kai Tso as from 10 September 2004; no retrospective entitlement prior to that date; 2nd Plaintiff already receives full share from 10 September 2004; costs payable from the Tso fund; plaintiffs' own costs taxed...
Legal Topics
Distribution of Trust/tso Property, Status and Entitlement of Illegitimate Child, Administration Orders (order 85), Costs From Trust Fund, Declaration Remedy
Source Language
EN
Trusts Equity Civil Procedure Family Law Distribution of Trust/tso Property Status and Entitlement of Illegitimate Child Administration Orders (order 85) Costs From Trust Fund +1 more

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Parties

Tang Chun Kit (minor) by Tang Man Lok (father and next friend)

1st Plaintiff

Tang Chung Ming (minor)

2nd Plaintiff

Tang Lo Ping (sued as registered manager for and on behalf of Tang Nam Kai (or Chai) Tso)

Defendant (registered Manager)

Procedural Posture

Miscellaneous Proceedings (hcmp) — Trust/tso Administration / Judgment on Declarations and Costs (court of First Instance)

Legal Issues

  1. 1 Whether an illegitimate child is entitled to an equal share of distributions from the Tso
  2. 2 From which date the 1st Plaintiff's entitlement to distribution should run
  3. 3 Whether retrospective claims prior to the judgment date are permissible

Ratio Decidendi

The 1st Plaintiff, though illegitimate, is entitled to an equal share of distributions from Tang Nam Kai Tso; entitlement runs from 10 September 2004 (date of earlier judgment), no retrospective claims before that date are permitted, and the costs of these proceedings are to be paid from the Tso trust fund (with the Plaintiffs' own costs taxed under Legal Aid Regulations).

Court Disposition

Declaration granted that the 1st Plaintiff is entitled to an equal share of distributions from Tang Nam Kai Tso as from 10 September 2004; no retrospective entitlement prior to that date; 2nd Plaintiff already receives full share from 10 September 2004; costs payable from the Tso fund; plaintiffs' own costs taxed...

Orders

  • Declare that the 1st Plaintiff is entitled to be paid an equal share of distributions made to members of Tang Nam Kai Tso by the Tso as from 10 September 2004.
  • No retrospective claims for distributions prior to 10 September 2004 (consistent with earlier judgment of 10 September 2004).