Read the full judgment text of HCA 2177/2013 on BabelCite. This High Court CFI judgment was delivered on 4 September 2019 before Deputy High Court Judge MK Liu.
Property ownership – Charitable trust – Bo Wo Temple – Flat 10C Nathan Road – Public charity vs private altar – Locus to sue under s.57A Trustee Ordinance – Beneficial ownership – Joint tenancy – Admission in Family Court – Mesne profits – User principle – Declaration of trust – Transfer of title – Damages for wrongful lockout – Judgment for Plaintiffs – Defendants ordered to deliver possession and transfer title – Mesne profits at HK$15,600 per month – Costs against Defendants
Legal issues: Locus to sue under s.57A of the Trustee Ordinance · Status of Bo Wo Temple · Ownership of Flat 10C · Damages for wrongful occupation
Outcome: Judgment for Plaintiffs; Declaration that Defendants hold Flat 10C as bare trustees for the Temple; Order to transfer title and deliver possession; Damages awarded.
Cited by 2 cases · Cites 5 cases