HAU, LINDA AND ANOTHER v. HAU FUK WAH AND ANOTHER

HAU, LINDA AND ANOTHER v. HAU FUK WAH AND ANOTHER

The Defence disclosed no reasonable cause of defence and was struck out; the defendants, as administrators of the Trustee's estate, are under a duty to execute vesting assignments to vest the Deceased's legal title in the plaintiffs as administrators (subject to Lot No. 2384 which is excluded); the court ordered production of title deeds or statutory declaration, execution of a standard compensation and indemnity agreement, an account of dealings within specified times, empowered the Registrar to execute documents on default, and ordered costs for the plaintiffs on the ordinary party-and-party basis.

Citation
HAU, LINDA AND ANOTHER v. HAU FUK WAH AND ANOTHER
Parties
Administrators of the Estate of the Deceased and Plaintiffs: Plaintiffs (administrators of the estate of the Deceased); Administrators of the Estate of Hau Pang Sheung Kam (trustee) and Defendants: 1st and 2nd Defendants (administrators of the estate of Hau Pang Sheung Kam, deceased); Deceased Settlor/previous Trustee of Trust Property: Hau Pang Sheung Kam (the Trustee)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 November 2009
Case Number
HCA2235/2008
Procedural Posture
Civil Trusts/probate/land Resumption / Application to Strike Out And/or Summary Judgment; Final Judgment on Interlocutory Summons
Outcome
Defence of the 1st and 2nd defendants struck out; judgment entered for the plaintiffs in their capacity as administrators of the Deceased's estate; detailed mandatory orders made against the defendants
Legal Topics
Vesting Assignment, Administrators' Duties, Account and Inquiry, Summary Judgment/strike Out, Revocation of Grant of Administration, Costs
Source Language
EN
Trusts Probate and Administration Land Law Civil Procedure Equity Vesting Assignment Administrators' Duties Account and Inquiry +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 6 Authorities cited 7 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Plaintiffs (administrators of the estate of the Deceased)

Administrators of the Estate of the Deceased and Plaintiffs

1st and 2nd Defendants (administrators of the estate of Hau Pang Sheung Kam, deceased)

Administrators of the Estate of Hau Pang Sheung Kam (trustee) and Defendants

Hau Pang Sheung Kam (the Trustee)

Deceased Settlor/previous Trustee of Trust Property

Procedural Posture

Civil Trusts/probate/land Resumption / Application to Strike Out And/or Summary Judgment; Final Judgment on Interlocutory Summons

Legal Issues

  1. 1 Whether the Defence disclosed any reasonable cause of defence or was an abuse of process such that it should be struck out under Order 18 r19
  2. 2 Whether the defendants as administrators/trustees are under a duty to execute a vesting assignment in favour of the plaintiffs (administrators of the Deceased)
  3. 3 Whether Lot No. 2384 formed part of the trust property and whether relief should extend to it

Ratio Decidendi

The Defence disclosed no reasonable cause of defence and was struck out; the defendants, as administrators of the Trustee's estate, are under a duty to execute vesting assignments to vest the Deceased's legal title in the plaintiffs as administrators (subject to Lot No. 2384 which is excluded); the court ordered production of title deeds or statutory declaration, execution of a standard compensation and indemnity agreement, an account of dealings within specified times, empowered the Registrar to execute documents on default, and ordered costs for the plaintiffs on the ordinary party-and-party basis.

Court Disposition

Defence of the 1st and 2nd defendants struck out; judgment entered for the plaintiffs in their capacity as administrators of the Deceased's estate; detailed mandatory orders made against the defendants

Orders

  • The Defence of the 1st and 2nd defendants is struck out
  • Judgment entered for the plaintiffs as administrators of the estate of the Deceased