10 Jul 2007
ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI
- Citation
- ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI
- Court
- Court of Appeal
- Case number
- CACV178/2006
The Court of Appeal held that a beneficiary may seek from a trustee documents and steps that fall within the trustee's duty to preserve trust property under Order 85(2)(3)(a) and (c); Tang JA's finding that trustees were not to interfere with company management did not absolve trustees of the duty to make reasonable inquiry where shares were at risk; the enactment of s.152FA of the Companies Ordinance is a material change permitting trustees as members to apply for company records and therefore the judge's orders were upheld in part (categories f,g,h,i and j) and varied or set aside in part (…