7 Nov 2002
ANTHONY ERIC RYAN HOTUNG AND ANOTHER v. HO YUEN KI
- Citation
- ANTHONY ERIC RYAN HOTUNG AND ANOTHER v. HO YUEN KI
- Court
- Court of Appeal
- Case number
- CACV315/2002
Appeal dismissed. Beneficiaries cannot compel a trustee to execute a power of attorney that would delegate the trustee's office; even if a trust is bare, the traditional restrictions on interference with trustee functions and the prohibition on delegation apply. The only general compellable rights of beneficiaries are to require conveyance (Saunders v Vautier) and, in a narrow class of cases, to dictate voting; that does not extend to forcing execution of a power of attorney or otherwise divesting the trustee of legal duty while retaining beneficial rights.