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.