Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Administrator powers
  • 18 Jun 1981

    CHAN PAK MAN v. CHAN PANG FEE AND ANOTHER

    Citation
    CHAN PAK MAN v. CHAN PANG FEE AND ANOTHER
    Court
    Court of Appeal
    Case number
    CACV147/1980

    Appeal allowed. A single one of two administrators does not have power to bind the estate by a contract to convey immovable property so as to permit completion by conveyance without the concurrence of the co-administrator or a court order under s.54; a contract entered into before a grant by a person who had no title as administrator did not bind the estate on subsequent grant unless the doctrine of relation back operated (which requires the pre-grant act to have been done in a representative capacity and for the benefit of the estate); here the pre-grant contract was not validated by the lat…