Hong Kong Case Law: Decisions & Judgments

Topic

Duty to account

Legal area

Court

16 Sept 2025

MAN CHUNG LEUNG v. MAN WAI SING the executor of the estate of the Deceased MAN HING KWAI AND ANOTHER

Citation

[2025] HKCFI 4308
Court

Court of First Instance
Case number

HCMP1205/2024

Sing failed to render a full and proper account of the estate despite repeated demands, withheld material information (notably a substantial joint bank balance and Mainland assets), demonstrated conflicts of interest (Kowloon City Shop rental handling) and produced insufficient documentary evidence to justify continued administration; removal was necessary for due and proper administration and in the beneficiaries' interests, but Leung is unsuitable as substitute due to his conflicting claim, so parties must nominate replacements.
2 May 2025

JONG YAT KIT, as Sole Administrator of the Estate of LI CHUNG, deceased v. LI MUN HOK STEVEN also known as LEE MUN HOK and LEE MUN HOK STEVEN

Citation

[2025] HKCFI 1764
Court

Court of First Instance
Case number

HCA1767/2017

On the balance of probabilities the 17 withdrawals were authorised by the deceased; specific large transfers on 7 June 2006 and 31 October 2006 were established as gifts to the defendant and his wife; the defendant was a fiduciary of limited scope (assistant/authorised signatory) not a trustee holding legal title to HSB funds, so he was not subject to full trustee accounting obligations; the presumption of advancement applies to the remaining withdrawals paid to the son and those sums are treated as gifts; consequently the Administrator's claim for recovery is dismissed.
24 Sept 2024

WILLWIN DEVELOPMENT (ASIA) CO LTD AND ANOTHER v. WEI XING AND OTHERS

Citation

[2024] HKCFI 2546
Court

Court of First Instance
Case number

HCA797/2012

The court refused to extend time because the delay was inordinate and inadequately explained, the applicant lacked real prospects of success on appeal, and the 1st Plaintiff would suffer prejudice from reopening a long‑expired judgment.
22 Sept 2023

FUNG YUEN LUN v. FUNG CHUI YING

Citation

[2023] HKCFI 2324
Court

Court of First Instance
Case number

HCAP1/2020

Under s33 the court removed the defendant as executrix because her prolonged inactivity, dilatory conduct, failure to render accounts and unexplained nearly ten year delay in applying for probate demonstrated a dereliction of duty that endangered proper administration and warranted replacement in the welfare interests of the beneficiaries; the plaintiff was appointed as replacement and ordered vested with estate property with ancillary orders for inventory, account and costs.
19 Apr 2021

HO TUNG MING OSCAR v. HO FOOK SHING

Citation

[2021] HKCFI 1046
Court

Court of First Instance
Case number

HCMP31/2019

The defendant was removed because he omitted a known valuable asset (the Deceased's share in Wing Wai) from the Schedule of Assets and Liabilities, failed to render a full and proper account and to provide rental and company accounts despite requests, and diluted the Deceased's shareholding; these breaches of the administrator's fundamental duties made removal necessary for the due and proper administration of the estate and justified appointment of the plaintiff and an order that the defendant amend the schedule, render full accounts within 28 days, and personally bear the costs.
19 Jul 2017

CHAN YU HONG v. CHAN KAM HONG AND OTHERS

Citation

CHAN YU HONG v. CHAN KAM HONG AND OTHERS
Court

Court of First Instance
Case number

HCMP888/2013

The court removed the 1st defendant because there was unjustifiable and substantial delay in administering and selling significant estate land, failure to render proper accounts, apparent conflict of interest and lack of necessary competence, combined with breakdown of trust and majority beneficiary support; the estate's size justified appointment of an independent professional administrator subject to the statutory remuneration cap and evidence of insurance.
17 Jan 2017

CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS

Citation

CHOW CHAK KIU v. CHOW MAN CHIT AND OTHERS
Court

Court of First Instance
Case number

HCMP797/2016

Madam Chow and Madam Chau were removed as administratrices because the court was satisfied that removal was necessary for the due and proper administration of the estate and beneficiaries' interests: Madam Chow had misappropriated or permitted conversion of estate funds for personal use, repeatedly breached court orders and undertakings and failed to render a proper and accurate account as ordered; Madam Chau was removed for non‑participation. The court appointed Mr Ip Woon Shun as replacement administrator and refused Madam Chow's applications to adduce new evidence and to cross‑examine the…
21 Sept 2016

MAN ON SUM v. MAN PING HEI

Citation

MAN ON SUM v. MAN PING HEI
Court

Court of First Instance
Case number

HCA352/2015

The Master erred in converting an Order 43 account application into an order for specific discovery/interrogatories by requiring production of a bank passbook and explanations; substantial disputes of fact exist and the question whether the defendant has rendered full and proper accounts is a preliminary issue that must be tried before a complete account can be ordered. Accordingly the Master's order and related costs order must be set aside.
24 Nov 2015

KOO MING KOWN v. HO KIN CHUNG AND OTHERS

Citation

KOO MING KOWN v. HO KIN CHUNG AND OTHERS
Court

District Court
Case number

DCCJ2747/2015

The Convention was properly joined because the Balance created a direct nexus between the Convention and the subject matter of the action; the correctness of the payment to the Convention will necessarily arise for determination and directly affects the Convention's legal liability and pecuniary interest, and the court may exercise its discretion to join the Convention to avoid multiplicity of proceedings and inconsistent findings.
27 May 2015

CHOI HOI SHUEN, ATHENA v. CHOI KIM LUI

Citation

CHOI HOI SHUEN, ATHENA v. CHOI KIM LUI
Court

Court of First Instance
Case number

HCMP1997/2014

The court concluded that although the defendant's initial explanations were unsatisfactory, substantial documents and explanations have since been provided and the plaintiff's accountants had access to company records; a full formal inquiry would not further the matters and would impose disproportionate cost and delay. The appropriate remedy is an order that the executor supply an up-to-date verified account including all assets and liabilities, affirmed as complete and accompanied by confirmation that all relevant documents have been provided; the plaintiff's request for a formal inquiry int…