Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of judicial trustee

Legal area

Court

27 Mar 2025

THE LUK HOI TONG COMPANY LTD v. SIT PO KWAN AND ANOTHER

Citation

[2025] HKCFI 1339
Court

Court of First Instance
Case number

HCMP698/2018

The court appointed Mr Wong Tak Shing as judicial trustee because there was no evidence of prior relationship or inability to act impartially, whereas Mr Ip Woon Shun was disqualified due to actual or perceived conflict arising from his firm having advised and represented several beneficiaries in the same subject matter; the majority preference for Mr Ip was outweighed by that conflict; costs of the originating summons and related hearings are payable out of the dividends and to be taxed on a trustee basis; Mr Wong's fees fixed at HKD 4,000 per hour subject to the cap in s.60(2)(b) Probate an…
29 Apr 2020

RE A TRUST KNOWN AS THE MATTINGLEY AND SHENTON SETTLEMENT (THE “TRUST”)

Citation

[2020] HKCFI 673
Court

Court of First Instance
Case number

HCMP181/2020

Given the long-standing inability to identify trust terms, settlor or beneficiaries and the impracticability of administration by current trustees, the court ordered trustees to transfer the shares to the Registrar and pay the balance of the trust fund into Court under s62 Trustees Ordinance, discharged the trustees upon completion of those acts, refused to grant a general release from personal liability, and awarded taxed trustee costs of HK$190,000.
29 May 2012

RE JONATHAN CROW QC

Citation

RE JONATHAN CROW QC
Court

Court of First Instance
Case number

HCMP462/2012

Refusal of admission because applicant failed to satisfy the court that the proceedings involved unusual complexity or issues likely to substantially affect local jurisprudence; experienced local counsel were adequate; the existence of a pending Order 14 (summary judgment) application indicated the facts were not so complex; the recovery action was at an early stage making the application premature; any assistance from overseas counsel could be given by written opinion; therefore admission was not in the public interest.
7 Jun 2005

WONG POH GEAK AND OTHERS v. CHIN LAN HONG AND OTHERS

Citation

WONG POH GEAK AND OTHERS v. CHIN LAN HONG AND OTHERS
Court

Court of First Instance
Case number

HCMP3956/2002

The proper course is to determine beneficial ownership of the three companies and the validity of the disputed debts by separate adversarial proceedings conducted by pleadings, witness statements, discovery and trial with the three companies, Four Pillars, Megabest and the Executors joined so the Estate can be bound and produce discovery; appointment of a judicial trustee or forensic accountants is refused at this stage and costs for the directions hearing are reserved.

Hong Kong Case Law

THE LUK HOI TONG COMPANY LTD v. SIT PO KWAN AND ANOTHER

RE A TRUST KNOWN AS THE MATTINGLEY AND SHENTON SETTLEMENT (THE “TRUST”)

RE JONATHAN CROW QC

WONG POH GEAK AND OTHERS v. CHIN LAN HONG AND OTHERS