27 Aug 2003
WAH YING CHEONG CO LTD v. CHAN KWOK PING AND OTHERS
- Citation
- WAH YING CHEONG CO LTD v. CHAN KWOK PING AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3059/1997
The court refused to order the trustee (the plaintiff) to pay the trust funds into court against the trustee's wishes on the facts; it held that fundamental legal issues—whether the named estates or individual descendants are the beneficiaries and whether the plaintiff can act as personal representative without probate—must be determined first at a substantive hearing; accordingly the court declined to grant the distribution directions sought at this interlocutory stage and directed parties to prepare for a hearing to resolve those issues, with costs reserved.