RE TANG CHIU NANG

RE TANG CHIU NANG

The court was satisfied that the applicant, as successor under the registered Succession to Property, was entitled to the subject share, that there was no one to be served, and therefore a vesting order under section 45 should be made removing the trustee and vesting the legal estate in the applicant.

Citation
RE TANG CHIU NANG
Parties
Applicant: Tang Chiu Nang; Trustee (deceased): Chu Yuet Ming; Deceased Co Owner: Tang Wan Hoi (alias Tang Wing Hoi)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2015
Case Number
HCMP3037/2015
Procedural Posture
Application for Vesting Order Under Trustee Ordinance (s45) / Ex Parte Originating Summons; Hearing and Judgment (chambers)
Outcome
Vesting order granted in favour of the applicant
Legal Topics
Vesting Order, Removal of Trustee, Succession to Property, Land Registration
Source Language
EN
Trusts Property Law Succession Law Civil Procedure Vesting Order Removal of Trustee Succession to Property Land Registration

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Parties

Tang Chiu Nang

Applicant

Chu Yuet Ming

Trustee (deceased)

Tang Wan Hoi (alias Tang Wing Hoi)

Deceased Co Owner

Procedural Posture

Application for Vesting Order Under Trustee Ordinance (s45) / Ex Parte Originating Summons; Hearing and Judgment (chambers)

Legal Issues

  1. 1 Whether a vesting order under section 45 of the Trustee Ordinance should be made to remove the trustee and vest the legal estate in the applicant
  2. 2 Whether the application could proceed ex parte because there was no one to be served
  3. 3 Whether the applicant is entitled to the property by virtue of the Succession to Property dated 24 August 1977

Ratio Decidendi

The court was satisfied that the applicant, as successor under the registered Succession to Property, was entitled to the subject share, that there was no one to be served, and therefore a vesting order under section 45 should be made removing the trustee and vesting the legal estate in the applicant.

Court Disposition

Vesting order granted in favour of the applicant

Orders

  • The trustee (Chu Yuet Ming) is removed as trustee of the applicant in respect of the subject property
  • The legal estate and interest of the trustee in the subject property vest in the applicant absolutely