Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trusteeship

  • 5 Oct 2021

    SHIN RICK JU-FENG AND OTHERS v. LO YUEN-LI AND OTHERS

    Citation
    [2021] HKCFI 2896
    Court
    Court of First Instance
    Case number
    HCA1356/2021

    At an early interim stage where full evidence has not been filed, the court should prioritize preventing irreversible prejudice and choose the course that minimizes risk of injustice; the plaintiffs had shown sufficient arguability and a risk of irreversible steps if liquidation proceeded, defendants would not suffer material prejudice from a short suspension, so an interim-interim injunction suspending the liquidation pending substantive hearing was justified together with an expedited timetable for evidence.

  • 3 Feb 2021

    LAM CHOK LAI AND ANOTHER v. THE OFFICIAL RECEIVER AND TRUSTEE IN BANKRUPTCY OF LAM CHOK WAI, A BANKRUPT AND ANOTHER

    Citation
    [2021] HKCFI 260
    Court
    Court of First Instance
    Case number
    HCMP3041/2016

    The court accepted the plaintiffs' evidence of up-to-date valuations and market attempts as demonstrating that the proposed reduced reserve price and the independent HK$280m offer reflected the realistic market value; accordingly the court varied the earlier sale order under the Partition Ordinance to permit sale on those terms with limited opportunity for the objector to file an expert report within seven days, and made ancillary directions and costs orders to effect an immediate sale and end the co-ownership.

  • 10 Sept 2019

    RE TO MUI YUK

    Citation
    [2019] HKCFI 2305
    Court
    Court of First Instance
    Case number
    HCMP1057/2019

    Given the unchallenged documentary evidence that the trustee was the purchaser-trustee, that he died in 1967, that no will or grant of representation exists and the trusteeship was never removed, the Court was satisfied that a vesting order under s45(e) was appropriate and granted the land to the applicant absolutely.

  • 12 Sept 2018

    RE WONG DUEN YUEN

    Citation
    [2018] HKCFI 2227
    Court
    Court of First Instance
    Case number
    HCMP1060/2018

    The Court has statutory power under section 45(e) of the Trustee Ordinance to make a vesting order where a deceased trustee has no personal representative and the facts (trust assignment to father while applicant was a minor and father's death without probate) satisfy the criteria; accordingly a vesting order in favour of the applicant is appropriate and the application may proceed ex parte.

  • 5 Apr 2017

    CHAN PING SANG JOHNNY AND ANOTHER v. SECRETARY FOR JUSTICE

    Citation
    CHAN PING SANG JOHNNY AND ANOTHER v. SECRETARY FOR JUSTICE
    Court
    Court of First Instance
    Case number
    HCMP335/2017

    The court held that the plaintiffs had acquired the beneficial interest in equity and, although the assignment was defectively executed, the vendor company was a trustee of the legal estate immediately prior to its deregistration; accordingly a vesting order under s45(b)(iii) Trustees Ordinance was appropriate to vest the vendor's estate, right, title, benefit and interest in the plaintiffs as joint tenants and to declare them legal and beneficial owners.

  • 19 Jun 2014

    LOK TIN CHOI v. LAI KWAI LIN

    Citation
    LOK TIN CHOI v. LAI KWAI LIN
    Court
    Court of First Instance
    Case number
    HCMP315/2012

    The court granted vesting orders for the non-resumed lots because the plaintiff, as the sole beneficial successor under Chinese customary succession, was entitled under s45 Trustee Ordinance; the resumed lots reverted to the Government under the Lands Resumption Ordinance so no vesting order could be made but immediately prior to resumption the plaintiff was the sole beneficial owner and is entitled to the assessed compensation; the defendant failed to prove the alleged family agreement and Chinese customary inheritance law does not apply to compensation monies after reversion to the Crown, t…

  • 24 Jan 2014

    KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS

    Citation
    KAN WAI CHUNG AND OTHERS v. HAU WUN FAI AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA868/2013

    The Master held that particulars which are necessary to resolve contested issues about the execution and attestation of the 2005 SPAs (specifically paragraphs 26(a)-(c) and 26(c) of the Defence) are necessary for fair disposal and must be provided; particulars concerning the 95/6 Documents and several other requests were unnecessary or sought evidence and were refused. Accordingly the Defendants were ordered to answer Requests 4(a)-(c) and Request 5 and other requests were dismissed as irrelevant or unnecessary.

  • 3 Mar 2008

    CHAN BING KWUN AND ANOTHER v. CHAN MAN WAI

    Citation
    CHAN BING KWUN AND ANOTHER v. CHAN MAN WAI
    Court
    District Court
    Case number
    DCCJ1654/2007

    The court accepted the Plaintiffs' evidence that sums totaling HK$939,168.12 were advanced as loans with sufficient certainty and intention to create legal relations; the cause of action was reactivated by repayments/acknowledgement from 30 December 2005 so the claim was not statute‑barred; Defendant was found to have no beneficial interest in the Greenfield Flat (mere trustee); judgment awarded Plaintiffs HK$886,668.12 plus interest and costs.

  • 11 Dec 2002

    TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO. LTD.

    Citation
    TANG MAN KIT AND ANOTHER v. HIP HING TIMBER CO. LTD.
    Court
    Court of Appeal
    Case number
    CACV137/2002

    The Court of Appeal held that Wah Yan Mo Fan Heung qualified as a t'ong under the New Territories Ordinance and that bringing proceedings to recover possession for non-payment of rent is management rather than a dealing requiring prior Land Officer consent; defects in registration or authority at commencement can be cured by joinder or ratification and do not mandate striking out; accordingly the appeal was allowed and the matter remitted to trial in the Court of First Instance.

  • 1 Sept 2000

    RE LIU CHUNG CHUI

    Citation
    RE LIU CHUNG CHUI
    Court
    Court of First Instance
    Case number
    HCMP3533/2000

    Because the properties had reverted to the Government on expiry of the statutory period under the Lands Resumption Ordinance (no purchase by agreement under s.4A), there was no subsisting proprietary interest capable of being vested in the applicant; accordingly a vesting order was inappropriate and the correct relief was a declaration that the applicant immediately prior to resumption was the sole beneficial owner and is entitled to the rights to compensation consequential on such resumption.