Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Section C of Lot No.3046 in Demarcation District No.91

Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Section C of Lot No.3046 in Demarcation District No.91

Because the applicant proved purchase and beneficial ownership, showed the trustee (father) died intestate with no letters of administration and demonstrated there was no other person entitled to the estate to be served, the court was satisfied to allow the application ex parte and made the vesting order under section 45(e) of the Trustee Ordinance.

Citation
Re Sheung Shui, New Territories, Hong Kong and registered in the North New Territories Land Registry as Section C of Lot No.3046 in Demarcation District No.91
Parties
Applicant: Ho Chiu Ming
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2000
Case Number
HCMP4522/2000
Procedural Posture
Vesting Order Application Under Trustee Ordinance (miscellaneous Proceedings) / Ex Parte Originating Summons Heard and Decided
Outcome
Application allowed; vesting order made
Legal Topics
Vesting Order, Beneficial Ownership, Letters of Administration, Intestacy, Service of Originating Summons
Source Language
EN
Trusts Probate Land Law Succession Vesting Order Beneficial Ownership Letters of Administration Intestacy +1 more

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Parties

Ho Chiu Ming

Applicant

Procedural Posture

Vesting Order Application Under Trustee Ordinance (miscellaneous Proceedings) / Ex Parte Originating Summons Heard and Decided

Legal Issues

  1. 1 Whether the applicant is the sole beneficial owner entitled to a vesting order under section 45(e) Trustee Ordinance
  2. 2 Whether the application may properly proceed ex parte or whether any other person ought to be served
  3. 3 Whether there are any letters of administration or other persons entitled on intestacy

Ratio Decidendi

Because the applicant proved purchase and beneficial ownership, showed the trustee (father) died intestate with no letters of administration and demonstrated there was no other person entitled to the estate to be served, the court was satisfied to allow the application ex parte and made the vesting order under section 45(e) of the Trustee Ordinance.

Court Disposition

Application allowed; vesting order made

Orders

  • Vesting order made in the terms of the originating summons allowing transfer of the property to the applicant