Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Appropriation by administrators
  • 31 Mar 1999

    SUN SEK HAW AND OTHERS v. AU SO KUM

    Citation
    SUN SEK HAW AND OTHERS v. AU SO KUM
    Court
    Court of Appeal
    Case number
    CACV215/1998

    The Court held that the 1974 conveyance, read with the grant of administration and absence of consideration, put subsequent purchasers on inquiry; there was no evidence that the conveyance was made in purported exercise of s.68 PAO appropriation powers so s.68(8) did not protect purchasers; and because subsequent purchasers had or ought to have had constructive notice (through proper conveyancing enquiries) they could be constructive trustees such that claims by the underage children may not be barred by limitation under s.20(1)(b) LO. Accordingly the purchasers were entitled to reject the ti…