Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Section 60 trustee ordinance

Legal area

Court

26 Jul 1985

JOSEPH HAYIM HAYIM AND ANOTHER v. CITIBANK N.A. AND ANOTHER

Citation

JOSEPH HAYIM HAYIM AND ANOTHER v. CITIBANK N.A. AND ANOTHER
Court

Court of Appeal
Case number

CACV34/1985

There was no actionable breach of trust by H.K.B.T. because, on the facts, H.K.B.T.'s postponement of sale was done with the acquiescence of all relevant parties including Citibank (the first trustee/residuary beneficiary) and it was reasonable for H.K.B.T. to rely on Citibank's direction; accordingly the appeal is allowed and the Deputy Judge's orders are set aside.
9 Jul 1982

NG DOK SING AND ANOTHER v. YAO JACK AND ANOTHER

Citation

NG DOK SING AND ANOTHER v. YAO JACK AND ANOTHER
Court

Court of First Instance
Case number

HCA4039/1980

The 1st Defendant obtained Letters of Administration by misrepresenting himself as the deceased's lawful husband and as the plaintiff's natural father and therefore was not beneficially entitled; both defendants committed breaches of trust in respect of estate assets that passed through their hands, the 1st Defendant having misappropriated most such assets and liable to account (with credits for monies properly applied), while the 2nd Defendant is partly excused for some transactions but remains liable for breaches and must account; consequential relief is an account by the Registrar and step…