Hong Kong Case Law: Decisions & Judgments

Topic

Trustee appointment

Legal area

Court

11 Jul 2022

SMART HOST LTD v. ACEWELL INVESTMENTS LTD

Citation

[2022] HKLdT 27
Court

Lands Tribunal
Case number

LDCS29000/2020

Tribunal held applicant was entitled to make the application (ownership threshold met under Gazette notice and s3(2)(b)), redevelopment was justified by expert building and structural evidence of age and poor repair, applicant had taken reasonable steps and made fair offers, and on valuation evidence the merged-site RDV was assessed at HK$588,700,000; therefore sale of all undivided shares by single public auction together with adjoining lots (merged site) was ordered with that reserve price, trustees appointed and proceeds to be apportioned by registered site area and adopted EUVs for compen…
4 Apr 2022

HOLLY PROPERTY CO LTD v. ACEWELL INVESTMENTS LTD AND OTHERS

Citation

[2022] HKLdT 16
Court

Lands Tribunal
Case number

LDCS28000/2020

The Tribunal found the applicant met the statutory ownership threshold (taking into account the lowered 80% threshold for Lot 1), accepted uncontested expert evidence that the buildings were aged and in a state of repair that justified redevelopment, concluded the applicant had taken reasonable steps to acquire remaining shares including making increased offers, determined EUV ($344,750,000) and RDV by residual valuation and set the reserve price at $529,000,000, and therefore ordered sale by public auction with appointed trustees and costs nisi.
30 Aug 2021

HARRISON LIU v. Personal Representative of the Estate of LI (or LEE) KWOK MI (or MEI)(or MEE), deceased AND ANOTHER

Citation

[2021] HKCFI 2527
Court

Court of First Instance
Case number

HCMP146/2019

On construction the word 'grandsons' in clause 4(d) was held to include both paternal and maternal grandsons in its context and purpose; D4's evidence and contemporaneous Declaration established a serious customary adoption in 1969 which the court accepted as 'duly adopted' for the purposes of the Will; therefore D4 qualified under clause 4(d) and the plaintiff's declarations failed and were dismissed.
5 Feb 2021

NOBLE ENTERPRISES LTD v. SIN KWOK YING AND OTHERS

Citation

[2021] HKLdT 9
Court

Lands Tribunal
Case number

LDCS20000/2019

The Tribunal applied the Notice lowering the threshold to 80%, found the applicant owned more than 80% and had taken reasonable steps to acquire remaining shares, accepted expert evidence on age/state of repair and the parties' agreed EUV and RDV, and therefore made an order for sale by public auction under s4(1)(b) of the Ordinance with the reserve price set at HKD 2,505,000,000 and appointed trustees to manage the sale and redevelopment conditions.
3 Feb 2017

FAIRBO INVESTMENT LTD v. CHOW WEI CHI JOSEPH, APPOINTED BY ORDER TO REPRESENT THE ESTATE OF CHOW KIU KAM JING, DECEASED

Citation

FAIRBO INVESTMENT LTD v. CHOW WEI CHI JOSEPH, APPOINTED BY ORDER TO REPRESENT THE ESTATE OF CHOW KIU KAM JING, DECEASED
Court

Lands Tribunal
Case number

LDCS24000/2014

Tribunal held applicant met statutory ownership threshold (87.5% > applicable 80%), credible expert evidence established buildings are old and in poor repair so redevelopment is justified, applicant took reasonable steps to acquire minority interest and made fair offers, the independent valuations of EUV and RDV were accepted after review and the Tribunal ordered compulsory sale by public auction, appointed trustees and set a reserve price of HK$92,400,000.
15 Jul 2014

RE KOO CHUN WING

Citation

RE KOO CHUN WING
Court

Court of First Instance
Case number

HCMP1174/2014

The court, satisfied that the applicants succeeded to the property and that the registered trustee died without any personal representative, exercised its discretion under section 45 of the Trustees Ordinance to vest the beneficial estate and interest in the property in the applicants to enable them to deal with it.
29 Aug 2013

EVERSOUND INVESTMENTS LTD v. LEUNG KWOK NUN AND OTHERS

Citation

EVERSOUND INVESTMENTS LTD v. LEUNG KWOK NUN AND OTHERS<br>
Court

Lands Tribunal
Case number

LDCS32000/2012

The Tribunal accepted the applicant's expert EUV and RDV valuations (adopting scenario 1 domestic use for ground floor), found the building to be over 53 years old with severe structural and non-structural defects making redevelopment justified and repairs economically unjustifiable, found the applicant had taken reasonable steps to acquire remaining shares by making multiple offers above expert valuation, and therefore granted an order for compulsory sale with reserve price fixed at HK$78.10 million and appointed trustees to conduct the sale.
4 Mar 1994

SHAM WAN KEUNG AND ANOTHER v. LEUNG SUET FAN

Citation

SHAM WAN KEUNG AND ANOTHER v. LEUNG SUET FAN
Court

Court of First Instance
Case number

HCMP364/1994

The application was dismissed because it improperly named deceased persons as parties without substitution of personal representatives, relied on informal unfiled amendments, failed to show a properly qualified and non‑conflicted proposed trustee, and could not resolve title issues while probate and forgery proceedings were pending; these procedural and substantive defects fatally undermined the application.