Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Committee of estate

  • 4 Oct 2024

    RE WSY

    Citation
    [2024] HKCFI 2713
    Court
    Court of First Instance
    Case number
    HCMH78/2011

    Proceedings under Part II of the MHO are protective and the paramount consideration is the MIP's requirements; a relative may be heard but has no absolute right and cannot convert the supervisory jurisdiction into an adversarial forum. Whether a buy-out is in the MIP's best interest turns materially on valuation and terms, which are not merely procedural; the Committee should negotiate terms and seek court authorisation as necessary. On the facts the Buy-out Summons was dismissed because the Court will not compel the Committee to accept the proposed buy-out absent clear demonstration that it…

  • 15 Feb 2024

    LIE MING, the Committee of the Estate of HJF v. FOREVER TEAM CORPORATION LTD

    Citation
    [2024] HKCFI 520
    Court
    Court of First Instance
    Case number
    HCMP2074/2023

    The court found it was impracticable to convene a general meeting under the company’s articles because the sole other shareholder nominee refused to cooperate and no director existed; accordingly, exercising its discretion under s.570 the court ordered an EGM be convened with ancillary directions (including treating the Committee’s attendance as a quorum and permitting notice by the Committee) so that the Committee may be appointed director and take steps to preserve the company’s assets.

  • 20 Jun 2007

    RE CYL

    Citation
    RE CYL
    Court
    Court of First Instance
    Case number
    HCMP2567/2005

    The court concluded there were reasonable grounds to believe CYL lacked testamentary capacity under s10B(4)(b) based on medical evidence and observed impairment; exercising its discretion under s10A it authorized a statutory will providing specific legacies of HK$300,000 each to Madam Huang and Lai Yee and the residue to the daughter, ordered the Kiu Yu property to be sold for not less than HK$600,000, and directed that costs of the Official Solicitor and Committee be borne by the estate (to be taxed).