RE ALL THOSE PIECES OR PARCELS OF GROUND REGISTERED IN THE LAND REGISTRY AS LOT NOS 526 AND 527

RE ALL THOSE PIECES OR PARCELS OF GROUND REGISTERED IN THE LAND REGISTRY AS LOT NOS 526 AND 527

The court had jurisdiction under section 45(a) Trustee Ordinance to make a vesting order because the original trusteeship derived from a statutory appointment under section 18 New Territories Ordinance and the chain of title and Land Registry records demonstrated that the applicants had acquired the relevant...

Source-derived case information.

Citation
[2018] HKCFI 2672
Parties
Applicant: The applicants; Former Trustee: Madam Wan Cheung-shi; Beneficiary/successor Title Holder: Wan Man; Beneficiary/transferor: Wan Yau-po; Deceased Original Owner: Wan Kwai-wan (deceased)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2018
Case Number
HCMP1719/2018
Procedural Posture
Miscellaneous Proceedings (vesting Order Under Trustee Ordinance) / Ex Parte Originating Summons; Decision on Application
Outcome
Vesting order granted under section 45(a) Trustee Ordinance.
Legal Topics
Vesting Order, Appointment of Trustee Under Statute, New Territories Ordinance S18, Chain of Title
Source Language
en
Trusts Property Equity Land Law Succession Vesting Order Appointment of Trustee Under Statute New Territories Ordinance S18 +1 more

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Parties

The applicants

Applicant

Madam Wan Cheung-shi

Former Trustee

Wan Man

Beneficiary/successor Title Holder

Wan Yau-po

Beneficiary/transferor

Wan Kwai-wan (deceased)

Deceased Original Owner

Procedural Posture

Miscellaneous Proceedings (vesting Order Under Trustee Ordinance) / Ex Parte Originating Summons; Decision on Application

Legal Issues

  1. 1 Whether the court has power under section 45(a) Trustee Ordinance to make a vesting order where a trustee was appointed out of court under statutory power
  2. 2 Whether the chain of title and registrations support vesting Lot Nos 526 and 527 in the applicants

Ratio Decidendi

The court had jurisdiction under section 45(a) Trustee Ordinance to make a vesting order because the original trusteeship derived from a statutory appointment under section 18 New Territories Ordinance and the chain of title and Land Registry records demonstrated that the applicants had acquired the relevant interests, therefore vesting the Lots 526 and 527 in the applicants was warranted.

Court Disposition

Vesting order granted under section 45(a) Trustee Ordinance.

Orders

  • Order in terms of the ex parte originating summons dated 11 October 2018 vesting Lot Nos 526 and 527 in the applicants