Re Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138

Re Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138

The Land Registry documents established the Applicant's entitlement and, applying Section 45 of the Trustee Ordinance, the court must vest the unvested shares in the Applicant; therefore the vesting order was granted.

Citation
Re Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138
Parties
Applicant: Grace Au; Deceased Trustee: Madam Fu Yau; Deceased Registered Owner (father of Applicant): Mr Tsang Shang
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 January 2000
Case Number
HCMP7488/1999
Procedural Posture
Application for Vesting Order Under Section 45 Trustee Ordinance (cap.29) / Judgment (decision on Papers)
Outcome
Vesting order granted in favour of the Applicant
Legal Topics
Vesting Order, Section 45 Trustee Ordinance, New Territories Land, Succession of Trusteeship
Source Language
EN
Trusts Property Land Law Equity Vesting Order Section 45 Trustee Ordinance New Territories Land Succession of Trusteeship

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Parties

Grace Au

Applicant

Madam Fu Yau

Deceased Trustee

Mr Tsang Shang

Deceased Registered Owner (father of Applicant)

Procedural Posture

Application for Vesting Order Under Section 45 Trustee Ordinance (cap.29) / Judgment (decision on Papers)

Legal Issues

  1. 1 Whether the unvested shares in the specified New Territories lots should be vested in the Applicant under Section 45 of the Trustee Ordinance
  2. 2 Whether the 1995 Vesting Deed completely divested the trustee's interest

Ratio Decidendi

The Land Registry documents established the Applicant's entitlement and, applying Section 45 of the Trustee Ordinance, the court must vest the unvested shares in the Applicant; therefore the vesting order was granted.

Court Disposition

Vesting order granted in favour of the Applicant

Orders

  • That 1 equal undivided 9th part or share of and in all those pieces or parcels of grounds registered in the Yuen Long New Territories Land Registry as Lots Nos. 206 and 1138 both in Demarcation District No. 113 be vested in the Applicant.
  • That 2 equal undivided 27th parts or shares of and in all those pieces or parcels of grounds registered in the Yuen Long New Territories Land Registry as Lots Nos. 204, 279, 1130, 1135, 1137, 1145 Section A, 1528 and 1534 all in Demarcation District No. 113 be vested in the Applicant.