Hong Kong Case Law: Decisions & Judgments

Topic

Trustee removal

Legal area

Court

16 Sept 2024

有關張小紅的事宜

Citation

[2024] HKCFI 2193
Court

Court of First Instance
Case number

HCB2775/2023

Both summonses dismissed because the bankrupt lacked the necessary legal standing: she could not show her estate would have a surplus if the claim succeeded and therefore was not an 'aggrieved person' under s83, and she lacked a legitimate interest to invoke s96; additionally the trustees' decision was objectively reasonable given low prospects of recovery, jurisdictional and enforcement issues and absence of funding, and the misconduct allegations were unsupported.
7 May 2024

EASTERN DISTRICT FRESH FISH MERCHANTS’ SOCIETY AND ANOTHER v. NG CHUK YUEN

Citation

[2024] HKCFI 1271
Court

Court of First Instance
Case number

HCMP1156/2022

Having found the Properties were held on express trust for the Society, that most original trustees had died and that the remaining trustee (1st Defendant) could not be located despite diligent search and likely deceased, the court exercised its discretion under the Trustee Ordinance to appoint the three named replacement trustees in substitution for the missing trustee and permitted the proceedings to continue on substituted service grounds.
23 May 2023

PAMELA ALDRED AND ANOTHER v. CASTLE FIDUCIARY LTD AND ANOTHER

Citation

[2023] HKCFI 1325
Court

Court of First Instance
Case number

HCA643/2022

The Court held that (i) Pamela's standing could not be determined summarily because the proper construction of the Trust Deed requires resolution of disputed factual matrix (who was the real settlor and the trust's purpose); accordingly the Striking‑Out Summons was adjourned to trial for determination; (ii) there is a serious issue to be tried that the Trustee may have breached fiduciary duties and/or the trust by transfers, the Loan and related conduct, and therefore an injunction restraining the Trustee from dealing with the Compass Trust assets or taking steps requiring Prior Notice was gr…
4 May 2006

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS

Citation

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS
Court

Court of First Instance
Case number

HCMP2421/2000

The court held that Lin Fat Tong is not a public charity because the evidence showed its activities and donations were limited to a closed circle of followers and relatives, there was no demonstrated public benefit or outreach, donations appeared not to be from the general public, and the asset management was consistent with a private or prioress-held institution rather than a public charitable trust; accordingly relief under s.57A was not warranted.

Hong Kong Case Law

有關張小紅的事宜

EASTERN DISTRICT FRESH FISH MERCHANTS’ SOCIETY AND ANOTHER v. NG CHUK YUEN

PAMELA ALDRED AND ANOTHER v. CASTLE FIDUCIARY LTD AND ANOTHER

CHEUNG MAN YU v. LAU YUEN CHING AND OTHERS