RE LAM PAK HING

RE LAM PAK HING

Because there was no personal representative of the deceased trustee, the trusteeship had served its purpose, and the applicant had produced necessary authorisations, the court was entitled under section 45(e) of the Trustee Ordinance to make a vesting order in terms of the originating summons and to hear the application ex parte.

Citation
RE LAM PAK HING
Parties
Applicant: Lam Pak Hing; Trustee (deceased): Choi Sin; Successor/co Owner: Lam Dan Foon; Successor/co Owner: Lam Simon; Co Owner: Lam Koon Sang; Deceased (original Co Owner): Lam Wong Hing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 September 2013
Case Number
HCMP573/2013
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (cap 29) S45 / Hearing and Judgment on Originating Summons (ex Parte)
Outcome
Vesting order granted in terms of the originating summons
Legal Topics
Vesting Order, Deceased Trustee, Personal Representative, Section 45 Trustee Ordinance, Ex Parte Application
Source Language
EN
Trusts and Trustees Property Law Succession Law Civil Procedure Vesting Order Deceased Trustee Personal Representative Section 45 Trustee Ordinance +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 3 Authorities cited 1 Party arguments 1
Sign in to unlock

Parties

Lam Pak Hing

Applicant

Choi Sin

Trustee (deceased)

Lam Dan Foon

Successor/co Owner

Lam Simon

Successor/co Owner

Lam Koon Sang

Co Owner

Lam Wong Hing

Deceased (original Co Owner)

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (cap 29) S45 / Hearing and Judgment on Originating Summons (ex Parte)

Legal Issues

  1. 1 Whether the applicant had authority to apply on behalf of the successors
  2. 2 Whether there was a personal representative of the deceased trustee
  3. 3 Whether a vesting order under section 45(e) of the Trustee Ordinance was appropriate

Ratio Decidendi

Because there was no personal representative of the deceased trustee, the trusteeship had served its purpose, and the applicant had produced necessary authorisations, the court was entitled under section 45(e) of the Trustee Ordinance to make a vesting order in terms of the originating summons and to hear the application ex parte.

Court Disposition

Vesting order granted in terms of the originating summons

Orders

  • Vesting order in terms of the originating summons granted pursuant to section 45(e) Trustee Ordinance; no order as to costs