RE KOO CHUN WING

RE KOO CHUN WING

The court, satisfied that the applicants succeeded to the property and that the registered trustee died without any personal representative, exercised its discretion under section 45 of the Trustees Ordinance to vest the beneficial estate and interest in the property in the applicants to enable them to deal with it.

Citation
RE KOO CHUN WING
Parties
Applicant: Koo Chun Wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 July 2014
Case Number
HCMP1174/2014
Procedural Posture
Application for Vesting Order (trustees Ordinance S45) / Application for Vesting Order
Outcome
Vesting order made in favour of the applicants; no order as to costs.
Legal Topics
Vesting Order, Trustee Appointment, Succession to Property, New Territories Trust Registration
Source Language
EN
Trusts Property Law Succession Land Registration Vesting Order Trustee Appointment Succession to Property New Territories Trust Registration

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Parties

Koo Chun Wing

Applicant

Procedural Posture

Application for Vesting Order (trustees Ordinance S45) / Application for Vesting Order

Legal Issues

  1. 1 Whether a vesting order should be made under section 45 of the Trustees Ordinance
  2. 2 Whether the appointment of a trustee under section 18 of the New Territories Ordinance and the trustee's subsequent death without a personal representative permits the court to vest the property in the beneficiaries
  3. 3 Whether the applicants are entitled to the beneficial estate and interest in the property

Ratio Decidendi

The court, satisfied that the applicants succeeded to the property and that the registered trustee died without any personal representative, exercised its discretion under section 45 of the Trustees Ordinance to vest the beneficial estate and interest in the property in the applicants to enable them to deal with it.

Court Disposition

Vesting order made in favour of the applicants; no order as to costs.

Orders

  • Vesting order under section 45 of the Trustees Ordinance vesting the beneficial estate and interest in Section FG of Lot No 31 in DD6 (the Property) in the applicants.
  • No order as to costs.