RE NG TSUN WEI

RE NG TSUN WEI

The ex parte vesting order was refused because the Applicant failed to provide clear, satisfactory evidence that he is the sole beneficial owner and failed to discharge the duty of full and frank disclosure: material registered documents and the Lot 1978 Release indicate a later agreement (the 4th Action) that may have affected the Lands, and the Applicant did not explain or produce evidence as to its effect, so the court could not properly make a vesting order under s45(e).

Citation
RE NG TSUN WEI
Parties
Applicant: Ng Tsun Wei; Deceased Trustee: Ng Hau Wai Fong Betty; Interested Party (father): Ng Shue Chiu; Executor/assignor: Ng Ying Lok; Interested Party (uncle): Ng Shue Sun; Interested Party (half Sister): Ng Pui Lan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 October 2016
Case Number
HCMP1428/2016
Procedural Posture
Vesting Order Under Trustees Ordinance S45 / Ex Parte Originating Summons (decision on Application)
Outcome
Ex parte originating summons dismissed without prejudice
Legal Topics
Vesting Orders, Declaration of Trust, Duty of Full and Frank Disclosure, Effect of Consent Orders and Releases, Limitation and Land Registration
Source Language
EN
Trusts Property/real Property Probate and Administration Civil Procedure Vesting Orders Declaration of Trust Duty of Full and Frank Disclosure Effect of Consent Orders and Releases +1 more

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Parties

Ng Tsun Wei

Applicant

Ng Hau Wai Fong Betty

Deceased Trustee

Ng Shue Chiu

Interested Party (father)

Ng Ying Lok

Executor/assignor

Ng Shue Sun

Interested Party (uncle)

Ng Pui Lan

Interested Party (half Sister)

Procedural Posture

Vesting Order Under Trustees Ordinance S45 / Ex Parte Originating Summons (decision on Application)

Legal Issues

  1. 1 Whether a vesting order under s45(e) Trustees Ordinance should be made on ex parte evidence
  2. 2 Whether Applicant proved sole beneficial ownership under the 1970 Declaration of Trust
  3. 3 Whether prior court orders and subsequent settlement/release (including HCA 784/1978 and Lot 1978 Release) affect the Applicant's beneficial interest in the Lands

Ratio Decidendi

The ex parte vesting order was refused because the Applicant failed to provide clear, satisfactory evidence that he is the sole beneficial owner and failed to discharge the duty of full and frank disclosure: material registered documents and the Lot 1978 Release indicate a later agreement (the 4th Action) that may have affected the Lands, and the Applicant did not explain or produce evidence as to its effect, so the court could not properly make a vesting order under s45(e).

Court Disposition

Ex parte originating summons dismissed without prejudice

Orders

  • The ex parte originating summons dated 7 June 2016 is dismissed without prejudice to the Applicant applying again with further or additional evidence