Hong Kong Case Law: Decisions & Judgments

Topic

Trustee ordinance s45

Legal area

Court

28 Oct 2022

LEAD PROPERTIES LTD v. SECRETARY FOR JUSTICE

Citation

[2022] HKCFI 3297
Court

Court of First Instance
Case number

HCMP1105/2022

On the balance of probabilities the court found that equitable/beneficial interests passed through the conveyancing chain despite defective execution by the 1st vendor, no competing claims or bona vacantia issues were proven, and therefore it was an appropriate exercise of the court's discretion under section 45 Trustee Ordinance to grant vesting orders vesting the pre-dissolution legal estate in the plaintiffs.
23 Sept 2022

RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

Citation

[2022] HKCFI 2964
Court

Court of First Instance
Case number

HCMP1009/2022

The Court, applying section 45(e) of the Trustee Ordinance, found that because there was no personal representative of the deceased trustee and the applicant held Letters of Administration, it was appropriate to vest the entire legal and beneficial estate and interest in the property in the applicant to enable proper administration of the deceased's estate.
6 Aug 2021

OR PUI KWAN v. SINO BRIGHT (H.K.) LTD

Citation

[2021] HKCFI 2311
Court

Court of First Instance
Case number

HCMP757/2021

The applicants failed to show the original vendors retained any proprietary interest in the ROW because the assignments (together with s16 CPO) passed appurtenances with the land, the vendors had disposed of their remaining shares, and the ROW appears to be a common passage enjoyed by all co-owners; therefore there was no trustee interest to support a vesting order and the originating summons was dismissed.
21 May 2019

RE LI WING PING AND ANOTHER

Citation

[2019] HKCFI 1478
Court

Court of First Instance
Case number

HCMP532/2019

On the evidence the trustees named in the 1962 assignment were deceased with no personal representatives, it was impracticable to obtain grants of administration, the applicants were the beneficial owners and there was minimal risk of competing claims; accordingly the court exercised its discretion under s45(1)(e) of the Trustee Ordinance to vest the legal interest in the applicants.
11 Dec 2015

RE LEUNG KWAI MAN alias LEUNG MAN

Citation

RE LEUNG KWAI MAN alias LEUNG MAN
Court

Court of First Instance
Case number

HCMP3193/2014

The court was satisfied on the evidence that the statutory condition under section 45(e) of the Trustee Ordinance was met, that the applicant is the beneficial owner of the properties, and that, given the circumstances and authority, the application could properly be heard ex parte; accordingly a vesting order was made in the terms sought.
2 May 2012

RE FUNG KWOK FAI AND ANOTHER

Citation

RE FUNG KWOK FAI AND ANOTHER
Court

Court of First Instance
Case number

HCMP761/2012

Because the trustee (mother) died without vesting the lots and no grant of representation had been made so there was no one to represent her estate, the court exercised its power under section 45 of the Trustee Ordinance to vest the lots in the applicants as tenants in common in equal shares.
22 May 2007

RE LAM KWAN KIT t/a YING KIT STOCK CO

Citation

RE LAM KWAN KIT t/a YING KIT STOCK CO
Court

Court of First Instance
Case number

HCMP2547/2006

Because the bankrupt (specific devisee) had been granted probate but had not assented and was absent, the court, relying on Probate and Administration Ordinance s70(2) and Trustee Ordinance s45, concluded the property should be vested in the appointed trustees in bankruptcy; the property was not needed for administration of the deceased's estate and trustees had been validly appointed, warranting the vesting order.

Hong Kong Case Law

LEAD PROPERTIES LTD v. SECRETARY FOR JUSTICE

RE CHAU KIN LUNG as administrator of the estate of CHAU YUK WONG also known as CHOW YUK WONG, deceased

OR PUI KWAN v. SINO BRIGHT (H.K.) LTD

RE LI WING PING AND ANOTHER

RE LEUNG KWAI MAN alias LEUNG MAN

RE FUNG KWOK FAI AND ANOTHER

RE LAM KWAN KIT t/a YING KIT STOCK CO