Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Executor's power of sale
  • 27 Nov 1996

    ULTRA ETERNAL LTD. v. LIU TAI CHEONG

    Citation
    ULTRA ETERNAL LTD. v. LIU TAI CHEONG
    Court
    Court of First Instance
    Case number
    HCMP1188/1996

    The First Requisition was validly raised and not satisfactorily answered because the will expressly vested the Building as specific gifts to beneficiaries and contained restrictions on disposition such that the executor lacked an unqualified power to sell absent beneficiaries' consent; the presumption that an executor acted in the discharge of duties was rebutted by the will and probate documents, so Defendant failed to show good title and Plaintiff was entitled to refund of the deposit with interest and costs. The Second Requisition was out of time but the Defendant's conduct in replying cou…