Hong Kong Case Law: Decisions & Judgments

Topic

Committee appointment

Legal area

Court

6 Aug 2009

RE TYL

Citation

RE TYL
Court

Court of First Instance
Case number

HCMP1840/2006

Madam Mak's unauthorised occupation of TYL's flat and her personal benefit from related transactions created a serious conflict of interest and breach of fiduciary duties and the rule against profit; accordingly she could no longer act as committee, the Official Solicitor was appointed as replacement and authorised to sell the property, and interim measures (three months to vacate and a HKD 16,000 monthly occupational rent) were imposed to protect TYL's interests.
11 Sept 2006

RE MFY

Citation

RE MFY
Court

Court of First Instance
Case number

HCMP1173/2004

Engagement by a committee of the solicitor's own firm without prior court sanction amounted to a breach of fiduciary duty; the court will exercise its supervisory jurisdiction to ratify some engagements and disallow others according to reasonableness and whether tasks fall within ordinary committee duties. Specific fees were allowed in part and others disallowed.
23 Dec 1988

RE A COMMITTEE OF INQUIRY EX PARTE A BARRISTER

Citation

RE A COMMITTEE OF INQUIRY EX PARTE A BARRISTER
Court

Court of First Instance
Case number

HCMP1906/1988

The Court held that although some administrative ex parte contacts occurred they were innocuous and did not give rise to a reasonable apprehension of bias; therefore prohibition was refused. However the Committee of Inquiry had no jurisdiction to make the Order Nisi for costs dated 12 July 1988, and that order was quashed by certiorari.

Hong Kong Case Law

RE TYL

RE MFY

RE A COMMITTEE OF INQUIRY EX PARTE A BARRISTER