Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fiduciary duties and conflicts of interest

Legal area

Court

17 Sept 2024

FOO CHAU HUNG v. FU SHU WAN (also known as FOO SHU WAN), the administrator of the estate of Foo Chau Ha, Deceased

Citation

[2024] HKCFI 2325
Court

Court of First Instance
Case number

HCMP1500/2023

Defendant was removed because he secretly procured grants as sole administrator contrary to his clear prior agreement to co-administer, showed deceptive conduct and a want of honesty that destroyed beneficiaries' confidence and made continuance of his sole administration untenable; appointment of an independent experienced solicitor (Mr Lin) was appropriate to ensure due and proper administration; defendant ordered to lodge original grants and to furnish just and true accounts within specified deadlines; costs awarded personally to plaintiff on an indemnity basis (nisi).
19 Jan 2022

SHEARMAN & STERLING (a firm) AND OTHERS v. ASIA-PAC INFRASTRUCTURE DEVELOPMENT LIMITED (in creditor’s voluntary liquidation) AND OTHERS

Citation

[2022] HKCFI 218
Court

Court of First Instance
Case number

HCMP2719/2017

The Shearman Parties lacked sufficient interest to invoke the statutory jurisdiction to remove the liquidators because their position was effectively adverse to the estate and they were not unsecured creditors entitled to participate in distribution; binding authorities (Deloitte v Johnson and Li Xiao Yi) restrict standing to persons with a legitimate interest (creditors/contributories), therefore the originating summons was dismissed for want of standing.