Hong Kong Case Law: Decisions & Judgments

Topic

Trustee liability

Legal area

Court

23 Jan 2024

CHOY YUEN ON DAVID v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD

Citation

[2024] HKCFI 138
Court

Court of First Instance
Case number

HCA2804/2018

Court varied the pre-judgment interest to prime lending rate plus 1% per annum and fixed the commencement of interest at 20 October 1999 (three months after payment) because the purpose had failed by then; court refused compound interest because defendant was a charity, the money was held in fixed deposit with no evidence of wrongful profit-making or wilful default and the claimant did not pursue an account; costs of the written submissions are to form part of the trial costs.
22 Mar 2021

CHUNG SUN KWAN v. THE OFFICIAL RECEIVER

Citation

[2021] HKCFI 712
Court

Court of First Instance
Case number

HCA2731/2015

On the facts the Official Receiver did not assume responsibility nor create a special relationship with the bankrupt; the conduct was omissions in administering estate claims and performed within the statutory framework and funding constraints; consequently no common law duty of care arose and the Plaintiff's negligence claim fails, so the claim is dismissed.
31 Jul 2013

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS

Citation

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS
Court

Court of First Instance
Case number

HCMP628/2012

The court held that while the mortgage appears long since time-barred under s19 of the Limitation Ordinance, the plaintiffs failed to prove that Yau Chun Wing was a trustee of FLK or that any trusteeship continued such that the defendant could be held liable; the defendant held only a limited letters of administration de bonis non and had neither been appointed nor accepted trusteeship so O.15 r RHC and Trustee Ordinance s20(2) did not make him liable; consequently the plaintiffs' claims against the defendant were dismissed.
17 Jan 2003

LAI YUEN WAH v. HOI KWONG PRINTING CO. LTD. AND OTHERS

Citation

LAI YUEN WAH v. HOI KWONG PRINTING CO. LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA2179/2001

Extension of time was granted because the short delay had a reasonable explanation, the merits favoured the defendants and the plaintiff suffered no significant prejudice; summary judgment was set aside because the statement of claim did not specify the amount, sought an inquiry and accounting, the Master produced an unexplained lump sum inconsistent with the pleaded case and failed to distinguish parties' liabilities across two properties, and trustee liability under s.32 was not pleaded as wilful default; amendment of the notice of appeal was allowed; costs reserved.

Hong Kong Case Law

CHOY YUEN ON DAVID v. SOKA GAKKAI INTERNATIONAL OF HONG KONG LTD

CHUNG SUN KWAN v. THE OFFICIAL RECEIVER

YAU PAK HIN AND ANOTHER v. HO LUNG THOMAS IGNATIUS

LAI YUEN WAH v. HOI KWONG PRINTING CO. LTD. AND OTHERS