Hong Kong Case Law

1 Nov 2005

RE M

Citation

RE M

Court

Court of First Instance

Case number

HCMP25/2005

Both summonses were dismissed because there was no evidence of committee mismanagement to justify court intervention; the committee retains discretion over its investigatory timetable and method, relatives have no enforceable right to dictate committee procedure in Part II proceedings, and complex beneficial ownership disputes should be litigated in ordinary civil proceedings rather than resolved in Part II protective hearings.

• Appointment of committee
• Managerial discretion of committee
• Beneficiaries' interests vs relatives' rights
• Beneficial ownership disputes
• Court supervisory jurisdiction
• Costs