Hong Kong Case Law: Decisions & Judgments

Topic

Appointment of trustees

Legal area

Court

29 Apr 2026

RE LAL DIPCHAND HARDASANI AND OTHERS

Citation

[2026] HKCFI 2447
Court

Court of First Instance
Case number

HCMP1864/2025

There were no surviving or identifiable trustees of Inland Lot No.2727; the Applicants, being persons otherwise interested and residents who have actively managed the trust property and were nominated by the Association, had standing and were suitable; it was expedient to exercise the court's s.42(1) discretion to appoint them as trustees and to make vesting orders under ss.45/50/53 TO to vest the legal estate in them to secure proper administration of the charitable trust.
31 Mar 2026

MODEST INTERNATIONAL LTD v. CROWN LANE INVESTMENT LTD AND OTHERS

Citation

[2026] HKLdT 19
Court

Lands Tribunal
Case number

LDCS11000/2022

Applicant satisfied statutory ownership threshold (80% per 2010 Notice); expert evidence on condition and structure established buildings are old and in poor repair making redevelopment justified under s.4(2)(a)(i); valuation evidence established EUV at HK$1,135,490,000 (as at 30.3.2022) and RDV by residual method at HK$2,027,000,000; applicant took reasonable steps to acquire remaining shares with offers supported by valuation evidence; therefore Tribunal ordered compulsory sale by public auction, appointed trustees, set reserve price at HK$2,027,000,000, and issued directions on delivery of…
7 May 2024

EASTERN DISTRICT FRESH FISH MERCHANTS’ SOCIETY AND ANOTHER v. NG CHUK YUEN

Citation

[2024] HKCFI 1271
Court

Court of First Instance
Case number

HCMP1156/2022

Having found the Properties were held on express trust for the Society, that most original trustees had died and that the remaining trustee (1st Defendant) could not be located despite diligent search and likely deceased, the court exercised its discretion under the Trustee Ordinance to appoint the three named replacement trustees in substitution for the missing trustee and permitted the proceedings to continue on substituted service grounds.
5 May 2023

CHINA ORCHID INTERNATIONAL LTD AND OTHERS v. FUJITEC (HK) CO LTD AND OTHERS

Citation

[2023] HKLdT 38
Court

Lands Tribunal
Case number

LDCS7000/2018

Applicants satisfied statutory entitlement and evidentiary burden: building is aged and in poor/obsolete condition warranting redevelopment; applicants took reasonable steps to acquire minority shares; EUV of building assessed at HK$2,765,800,000 and RDV/land value (reserve price) of the Lot determined at HK$5,125,000,000; order for sale by public auction granted and trustees appointed; reserve price set at HK$5,125,000,000.
27 Mar 2023

119 LTD v. YAU SAU PAK AND ANOTHER

Citation

[2023] HKLdT 25
Court

Lands Tribunal
Case number

LDCS10000/2021

On the evidence (condition survey and structural assessment) the buildings are over their design working life and in poor/dilapidated state so redevelopment is justified; applicant held sufficient average share ownership to invoke s.3(2)(b) and took reasonable steps to acquire remaining shares by making offers; Tribunal accepted valuation approach and adjustments advocated by applicant in key respects and determined total EUV of buildings at HKD 296,277,000 and RDV/reserve price for auction at HKD 452,500,000; trustees nominated by applicant are suitably appointed and sale will proceed by pub…
13 Mar 2023

SKY DYNAMIC INTERNATIONAL INVESTMENTS LTD v. HO PING FOOK and WONG SAI MING, the appointed representative of the estate of WONG HANG, deceased

Citation

[2023] HKLdT 20
Court

Lands Tribunal
Case number

LDCS12000/2022

The Tribunal granted the compulsory sale order because the applicant met the statutory 90% ownership threshold, adducing expert evidence that the Building is beyond economic repair and redevelopment is justified, the applicant had taken all reasonable steps to acquire the remaining interest, and it was appropriate under the Ordinance and guiding authority (Capital Well) to direct sale together with the adjacent lot with a reserve price fixed at $157,000,000 and proceeds apportioned by EUV under the Ordinance.
1 Feb 2023

ASIA RICH INCORPORATION LTD AND OTHERS v. WEALTH STEP HOLDINGS LTD AND ANOTHER

Citation

[2023] HKLdT 9
Court

Lands Tribunal
Case number

LDCS15000/2019

The Tribunal found applicants met the statutory ownership threshold (>80%), accepted expert evidence that the Building is aged, structurally and functionally obsolete with irreversible reinforcement corrosion and carbonation and repair costs disproportionate to benefit, found the applicants took reasonable steps to acquire remaining shares by making offers within a fair and reasonable band, determined the total EUV at HKD 997,032,000, fixed the RDV/reserve price at HKD 2,134,000,000 as at 4 July 2022 and ordered sale by public auction with trustees appointed and costs nisi against applicants.
12 Jan 2023

CHAN SIOW YOON (陳筱雲), MA SO CHUN (馬素真), WAN FUNG SIN (尹鳳仙) and LAM SHUN YUEN (林純源) suing on behalf of SIN TIN TOA HOME FOR THE AGED (先天道安老院) AND OTHERS v. SECRETARY FOR JUSTICE

Citation

[2023] HKCFI 120
Court

Court of First Instance
Case number

HCMP1298/2021

Applicants A2–A5 fall within "persons otherwise interested in the trust" under s57A and the test of expediency was satisfied because the former trustees had died leaving no personal representatives and the trust faced failure; there was no evidence A2–A5 were unfit (no convictions, unsoundness or bankruptcy), each had signed consent and had longstanding connection to the charity; accordingly the court granted the order appointing A2–A5 as new trustees and directed consequential cost steps.
21 Nov 2022

ORIENTAL MOON LTD v. GOLDEN SINO LINK LTD AND OTHERS

Citation

[2022] HKLdT 60
Court

Lands Tribunal
Case number

LDCS32000/2019

Applicant satisfied statutory entitlement threshold (80% applicable). Tribunal determined EUV of the Building at HK$233,831,000 as at 30 August 2019 and found structural and safety-related defects, material carbonation and reinforcement corrosion and other deficiencies that justify redevelopment under s4(2)(a). Tribunal found applicant had taken reasonable steps to acquire remaining shares under s4(2)(b). On a residual valuation the RDV of the Lot was fixed at HK$300,000,000 and the Tribunal ordered compulsory sale by public auction with that reserve, appointed named trustees, imposed a 6-yea…
20 Sept 2022

BREMONT INVESTMENTS LTD v. AU SHUI LIN AND OTHERS

Citation

[2022] HKLdT 48
Court

Lands Tribunal
Case number

LDCS5000/2020

The tribunal found the applicant met the statutory ownership threshold under the Gazette notice, adopted the parties' agreed EUV, accepted uncontested expert building reports that the building is obsolete and in poor repair so redevelopment is justified under s4(2)(a), concluded the offers made by the applicant reflected proportionate shares of RDV and fell within a band of fair and reasonable compensation under s4(2)(b), and fixed the RDV/reserve price at HKD 2,075,000,000 based on the residual valuation adopting the tribunal's determinations on comparables, adjustments, interest rate and de…