Hong Kong Case Law: Decisions & Judgments

Topic

Vesting order under trustee ordinance s45

Legal area

Court

13 Nov 2023

SUN CRYSTAL LTD v. The personal representatives of the estate of CHENG CHOW YEE aka YAN CHOW YEE, deceased

Citation

[2023] HKCFI 2945
Court

Court of First Instance
Case number

HCMP438/2023

The Court found on the documentary and contextual evidence that Cheng and BW Yan held the Property on a common intention constructive trust as joint tenants so that Cheng’s beneficial interest passed by survivorship to BW Yan; BW Yan assigned his entire beneficial interest to the Plaintiff in 2011; no personal representative of Cheng’s estate existed; accordingly a vesting order under s45 Trustee Ordinance was warranted to vest Cheng’s legal interest in the Plaintiff to cure the title blot.
20 Apr 2023

ZHAI JIN CHENG v. WANG LIJUN AND ANOTHER

Citation

[2023] HKCFI 1039
Court

Court of First Instance
Case number

HCA1845/2019

On the pleadings and the evidence already before the Court, the plaintiff established a strong and corroborated case that the 1st defendant held the property on a common intention constructive trust for the plaintiff; the 1st defendant defaulted and did not contest, there was a genuine need for proprietary relief to prevent prejudice, and therefore the court was justified in granting default declaratory relief and making a vesting order under the Trustee Ordinance to transfer the legal title to the plaintiff.
28 Oct 2022

BILLION GLORY PROPERTIES LTD v. SECRETARY FOR JUSTICE

Citation

[2022] HKCFI 3297
Court

Court of First Instance
Case number

HCMP1107/2022

The court found on the balance of probabilities that equitable/beneficial interests had passed through the conveyancing chain despite the defective common seal; the 1st vendor was dissolved and section 45 Trustee Ordinance conditions were satisfied; no competing claims existed; exercising its discretion to rectify the title, the court granted vesting orders vesting the 1st vendor's estate, right, title, benefit and interest in the properties in favour of the plaintiffs.
22 Nov 2018

RE WONG FUK CHEUNG DAVID

Citation

[2018] HKCFI 2646
Court

Court of First Instance
Case number

HCMP1919/2018

Because Chau Kwai-lan held the legal estate on trust for the applicant, Chau died leaving no personal representative, a valid notice of severance had been given creating a tenancy in common, and there were no other persons requiring service or contesting the application, the court was entitled under section 45 Trustee Ordinance to make a vesting order vesting the legal estate in the applicant and to grant the amendment to the applicant's name.

Hong Kong Case Law

SUN CRYSTAL LTD v. The personal representatives of the estate of CHENG CHOW YEE aka YAN CHOW YEE, deceased

ZHAI JIN CHENG v. WANG LIJUN AND ANOTHER

BILLION GLORY PROPERTIES LTD v. SECRETARY FOR JUSTICE

RE WONG FUK CHEUNG DAVID