Hong Kong Case Law: Decisions & Judgments

Topic

Inventory and accounts

Legal area

Court

31 Dec 2024

NG, ROSE KAI CHING AND OTHERS v. LIANG LOK HO LING, the person appointed to represent the estate of LIANG YUM SHING HOWARD (in his personal capacity and as the executor and trustee of the estate of LIANG TING SEN THOMAS, deceased) AND ANOTHER

Citation

[2024] HKCFI 3692
Court

Court of First Instance
Case number

HCMP2013/2018

Having found that the proceedings were within the 3rd category of Re Buckton but that there was no finding of dishonesty or underhand motive by Howard, the Court ordered that D1 (the estate) pay 85% of the Plaintiffs' remaining costs of the action up to and including trial (certificate for two counsel) to be taxed on a party and party basis if not agreed; Howard/D1's own costs are to be borne personally by him/D1 and any amounts paid by the Estate on his behalf must be reimbursed by D1; indemnity costs were not appropriate; disclosure order as sought was unnecessary because inventory and acco…
3 Mar 2023

TO KIT TANG v. LIU BOYU

Citation

[2023] HKCFI 649
Court

Court of First Instance
Case number

HCMP730/2020

Service to the defendant at the Discovery Bay address was ineffectual given evidence defendant was in Mainland China and correspondence was returned or refused; accordingly the court refused to grant the substantive orders sought and adjourned the re-amended originating summons sine die with liberty to restore once proper service is effected, reserving costs. Plaintiff must apply for leave to serve out of jurisdiction on the Mainland address and for substituted service in Hong Kong where appropriate.
18 Mar 2022

CHU WING CHUEN PAUL AND OTHERS v. CHU OI YAN IRENE

Citation

[2022] HKCFI 804
Court

Court of First Instance
Case number

HCMP50/2021

The court dismissed the plaintiffs' originating summons and refused to remove the administratrix because the defendant acted in accordance with the majority wishes of beneficiaries, there was no evidence of improper conduct endangering the estate, the plaintiffs substantially obstructed preparation of full inventory and accounts by withholding chattels and account information, the estate was simple and removal would cause delay, and ownership of joint accounts requires proof of common intention not merely a survivorship clause.
21 Dec 2021

TANG KWONG HUNG v. KWAN CHI KAI the administrator of the Estate of TANG KI CHEE, the deceased

Citation

[2022] HKCFI 366
Court

Court of First Instance
Case number

HCMP915/2018

Because the defendant failed to provide accounts or information, withheld sale proceeds, used estate property for personal benefit and defaulted in his duties while remaining absent and non-compliant, the court exercised its supervisory jurisdiction to order production of an inventory and account, inspection of supporting documents, remove the defendant as administrator and appoint the 1st plaintiff as administrator, with costs against the defendant personally.
21 Sept 2021

CHU LAI WAH v. CHU POK YIN ERIC

Citation

[2021] HKCFI 2836
Court

Court of First Instance
Case number

HCMP352/2020

Because the defendant attested the Will, any disposition in his favour is void under section 10(1) of the Wills Ordinance; accordingly the estate is to be distributed as on intestacy and the court will grant the declaratory relief sought and compel the defendant to render an interim inventory and account, with costs of that application to be borne by the defendant personally.
6 Jul 2018

LEUNG WING HONG v. LEUNG YIU CHO, THE ADMINISTRATOR OF THE ESTATE OF LEUNG KAM WAH, THE DECEASED

Citation

[2018] HKCFI 1486
Court

Court of First Instance
Case number

HCMP1473/2014

The Court appointed Mr Alfred Ip as independent administrator because he had more relevant estate administration experience and offered a voluntary fee cap; the costs and fees for preparation of the Inventory are part of administration costs and therefore borne by the Estate; defendant's unexplained failure to comply with the prior order and the resulting delay justified an order that defendant personally pay plaintiff's costs of restoring the originating summons on an indemnity basis; the Order 45 summons was unnecessary in the circumstances and its costs were ordered to follow the event (pl…
21 May 2018

TSANG WING KWAI v. TSANG WING FAI

Citation

[2018] HKCFI 1060
Court

Court of First Instance
Case number

HCMP3186/2016

Because the defendant failed to provide a full and proper account with supporting documents, occupied estate property without adequate explanation causing significant loss, raised unexplained financial dealings and placed himself in a position of conflict, the court concluded that, in the interest and welfare of the beneficiaries and for due administration of the estate, the defendant must provide a verified true and perfect inventory and account within 14 days, allow inspection of supporting documents, be removed as executor and the parties be directed to nominate independent professional ac…

Hong Kong Case Law

NG, ROSE KAI CHING AND OTHERS v. LIANG LOK HO LING, the person appointed to represent the estate of LIANG YUM SHING HOWARD (in his personal capacity and as the executor and trustee of the estate of LIANG TING SEN THOMAS, deceased) AND ANOTHER

TO KIT TANG v. LIU BOYU

CHU WING CHUEN PAUL AND OTHERS v. CHU OI YAN IRENE

TANG KWONG HUNG v. KWAN CHI KAI the administrator of the Estate of TANG KI CHEE, the deceased

CHU LAI WAH v. CHU POK YIN ERIC

LEUNG WING HONG v. LEUNG YIU CHO, THE ADMINISTRATOR OF THE ESTATE OF LEUNG KAM WAH, THE DECEASED

TSANG WING KWAI v. TSANG WING FAI