Re Lot No. 1168 in Demarcation District No. 124

Re Lot No. 1168 in Demarcation District No. 124

The court was satisfied on the evidence of searches and inquiries that there was no one to be served and that the applicant was entitled to the property by assignment; accordingly a vesting order under s.45 Trustee Ordinance was appropriate to vest the entire legal and beneficial estate in the applicant.

Citation
Re Lot No. 1168 in Demarcation District No. 124
Parties
Applicant: Lee Chik Ming; Trustee (deceased): Li Shek; Co Successor and Assignor: Li Kwai Shu; Assignor: Li Shui Ching
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2001
Case Number
HCMP6021/2001
Procedural Posture
Vesting Order Under Section 45 Trustee Ordinance, Cap. 29 / Application (ex Parte); Judgment Delivered
Outcome
Vesting order granted; property vested absolutely in applicant; no order as to costs.
Legal Topics
Vesting Order, Trustee Death, Service/ex Parte Proceedings, Assignment
Source Language
EN
Trusts Property Law Succession Vesting Order Trustee Death Service/ex Parte Proceedings Assignment

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Parties

Lee Chik Ming

Applicant

Li Shek

Trustee (deceased)

Li Kwai Shu

Co Successor and Assignor

Li Shui Ching

Assignor

Procedural Posture

Vesting Order Under Section 45 Trustee Ordinance, Cap. 29 / Application (ex Parte); Judgment Delivered

Legal Issues

  1. 1 Whether a vesting order under s.45 Trustee Ordinance should be made
  2. 2 Whether the trustee is deceased or untraceable and no one can be served
  3. 3 Whether the evidential searches undertaken were sufficient to justify an ex parte application

Ratio Decidendi

The court was satisfied on the evidence of searches and inquiries that there was no one to be served and that the applicant was entitled to the property by assignment; accordingly a vesting order under s.45 Trustee Ordinance was appropriate to vest the entire legal and beneficial estate in the applicant.

Court Disposition

Vesting order granted; property vested absolutely in applicant; no order as to costs.

Orders

  • The Remaining Portion of Lot No. 1168 in Demarcation District No. 124, Yuen Long, New Territories is to vest in the applicant absolutely for all the entire legal and beneficial estate and interest in the property.
  • No order as to costs.