22 Aug 2019
WONG TIN CHEE TINLY AND OTHERS v. WONG TO YICK AND ANOTHER
- Citation
- [2019] HKCFI 2064
- Court
- Court of First Instance
- Case number
- HCMP1316/2018
The court held that the four plaintiffs were the only persons with interests in the trust; the trustees' power to mortgage for the benefit of others did not make additional beneficiaries of the trust nor render the trust void for uncertainty, and the plaintiffs being all adult beneficiaries could terminate the trust under Saunders v Vautier; accordingly the court granted declarations terminating the trust and ordered that the Property be vested in the plaintiffs as tenants-in-common in the respective shares of 40%,20%,20% and 20%, with costs to the plaintiffs.