Hong Kong Case Law: Decisions & Judgments

Topic

Duties of administrator

Legal area

Court

3 Aug 2023

SO CHO YEE AND ANOTHER v. KONG CHI HOW JOHNSON alias JOHNSON KONG, the administrator and trustee of the estate of SO KA WING, deceased

Citation

[2023] HKCFI 2000
Court

Court of First Instance
Case number

HCMP500/2023

Defendant unjustifiably withheld documents in breach of his duties as administrator; plaintiffs obtained the substantive relief and are entitled to costs to be paid personally by the defendant; those costs are to be summarily assessed on party and party basis with certificate for counsel and the defendant shall not be indemnified for those costs out of the respective estates.
3 Aug 2023

SO CHO YEE AND ANOTHER v. KONG CHI HOW JOHNSON alias JOHNSON KONG, the administrator and trustee of the estate of LEE SAU YING, deceased

Citation

[2023] HKCFI 2000
Court

Court of First Instance
Case number

HCMP499/2023

Defendant received the documents prior to the originating summons but unjustifiably withheld disclosure while purporting to investigate ownership disputes; as administrator he should have adopted a neutral position and referred disputes to the court or sought legal advice; accordingly the applicants obtained the substantive relief and are entitled to costs which the defendant must pay personally and may not recover from the estates; costs to be summarily assessed with certificate for counsel.
6 Jan 2010

QI MIN LIANG AND OTHERS v. NANYANG COMMERCIAL BANK TRUSTEE LTD

Citation

QI MIN LIANG AND OTHERS v. NANYANG COMMERCIAL BANK TRUSTEE LTD
Court

Court of First Instance
Case number

HCMP2508/2003

The applications were dismissed because the defendant, as administrator, had been dilatory in dealing with claims and was in a clear conflict of interest by being a claimant and agent for a claimant; the court will not entertain dismissal for want of prosecution caused by the defendant's own inaction, and security for costs was refused because the defendant held estate funds and there was no basis to require beneficiaries to provide security; the court ordered the appointment of a neutral independent administrator and directed parties to propose candidates.

Hong Kong Case Law

SO CHO YEE AND ANOTHER v. KONG CHI HOW JOHNSON alias JOHNSON KONG, the administrator and trustee of the estate of SO KA WING, deceased

SO CHO YEE AND ANOTHER v. KONG CHI HOW JOHNSON alias JOHNSON KONG, the administrator and trustee of the estate of LEE SAU YING, deceased

QI MIN LIANG AND OTHERS v. NANYANG COMMERCIAL BANK TRUSTEE LTD