SHAM WAN KEUNG AND ANOTHER v. LEUNG SUET FAN

SHAM WAN KEUNG AND ANOTHER v. LEUNG SUET FAN

The application was dismissed because it improperly named deceased persons as parties without substitution of personal representatives, relied on informal unfiled amendments, failed to show a properly qualified and non‑conflicted proposed trustee, and could not resolve title issues while probate and forgery...

Source-derived case information.

Citation
SHAM WAN KEUNG AND ANOTHER v. LEUNG SUET FAN
Parties
1st Plaintiff (deceased): Sham Wan Keung; 2nd Plaintiff: Leung May Chow Karen; Defendant (deceased): Leung Suet Fan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
4 March 1994
Case Number
HCMP364/1994
Procedural Posture
Application for Appointment of New Trustee Under S.42 and for Vesting Order Under S.45 of the Trustee Ordinance (cap.29) / Judgment in Chambers — Application Dismissed (4 March 1994)
Outcome
Application dismissed
Legal Topics
Trustee Appointment, Vesting Order, Declaration of Trust, Letters of Administration, Forgery, Parties and Standing, Procedural Regularity
Source Language
en
Trusts Probate Property Law Civil Procedure Trustee Appointment Vesting Order Declaration of Trust Letters of Administration +3 more

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Parties

Sham Wan Keung

1st Plaintiff (deceased)

Leung May Chow Karen

2nd Plaintiff

Leung Suet Fan

Defendant (deceased)

Procedural Posture

Application for Appointment of New Trustee Under S.42 and for Vesting Order Under S.45 of the Trustee Ordinance (cap.29) / Judgment in Chambers — Application Dismissed (4 March 1994)

Legal Issues

  1. 1 Whether deceased persons can remain named parties and whether personal representatives must be substituted
  2. 2 Whether the court should entertain informal amendments without a formal application
  3. 3 Whether a proposed trustee (senior partner of solicitors acting in matter) is fit and whether proper affidavit of fitness was provided

Ratio Decidendi

The application was dismissed because it improperly named deceased persons as parties without substitution of personal representatives, relied on informal unfiled amendments, failed to show a properly qualified and non‑conflicted proposed trustee, and could not resolve title issues while probate and forgery proceedings were pending; these procedural and substantive defects fatally undermined the application.

Court Disposition

Application dismissed

Orders

  • Application dismissed.
  • Judgment to be published.