Hong Kong Case Law: Decisions & Judgments

Topic

Grant ad colligenda bona

Legal area

Court

20 Nov 2024

LO ELLIE OO YI v. CHAU YAN GE previously known as CHAUHIU WING previously known as ZOU XIAORONG

Citation

[2024] HKCFI 2702
Court

Court of First Instance
Case number

HCMP833/2023

The court passed over the defendant and appointed a neutral professional administrator because the defendant admittedly removed items and cash from the deceased's home and office shortly after death, gave unconvincing explanations, made managerial decisions undermining continuity (eg termination of the company accountant), and because the serious hostility between the defendant and plaintiff posed a real risk to the due and proper administration of a complex estate; accordingly Mr Ho Siu Hang Gilbert (AM Administrator and director of Introfaith Limited) was appointed and letters of administra…
14 Sept 2015

RE OUNG CHIN LIANG FUNG

Citation

RE OUNG CHIN LIANG FUNG
Court

Court of First Instance
Case number

HCMP2347/2015

The application for a grant ad colligenda bona was refused because the applicant failed to justify urgent ex parte relief: key factors included the presence of competing BVI proceedings and the fact that the assets are BVI company shares, the applicant's delay and inadequate explanation for urgency, insufficient evidence that the proposed sale was at undervalue, inadequate notice to beneficiaries, and real risk of prejudice to the listed company and its creditors; therefore the court would not displace the statutory entitlement to representation or grant emergency administrators in Hong Kong…
15 Aug 2006

LAU CHUN v. HO HIN MING AND OTHERS

Citation

LAU CHUN v. HO HIN MING AND OTHERS
Court

Court of First Instance
Case number

HCMP1038/2006

Section 36 of the Probate and Administration Ordinance authorises the court to make a limited preservation grant (grant ad colligenda bona) even where the applicant has first priority to a full grant; the court should exercise that discretion in the present case and may make the grant subject to compliance with Estate Duty Ordinance requirements and usual Probate Registry formalities.
12 Jul 2001

Kwong Mun Fai Sanny v. Chan Koot Kum Hong

Citation

Kwong Mun Fai Sanny v. Chan Koot Kum Hong
Court

District Court
Case number

DCCJ15418/2000

The summons for summary judgment was dismissed because the affirmation prepared for the limited grant and other factual matters gave rise to an arguable issue as to whether the subject shares had been settled prior to November 1998 and the Plaintiff's explanation, while possible, was not the only feasible explanation; consequently summary disposal was inappropriate and the matter must proceed to trial.

Hong Kong Case Law

LO ELLIE OO YI v. CHAU YAN GE previously known as CHAUHIU WING previously known as ZOU XIAORONG

RE OUNG CHIN LIANG FUNG

LAU CHUN v. HO HIN MING AND OTHERS

Kwong Mun Fai Sanny v. Chan Koot Kum Hong