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Re Li Chun Pan

Read the full judgment text of HCMP 1197/2022 on BabelCite. This High Court CFI judgment was delivered on 18 October 2022 before Hon K Yeung J.

Trustee Ordinance (Cap 29) s.45 – Vesting order – Deceased trustee – No personal representative – Applicant’s father held property on trust pursuant to divorce order – Father died without transferring property – No grant of probate issued – Court finds case made out for vesting order – Order made vesting property in applicant – No order for removal of deceased trustee – Ex-parte application granted.

Legal issues: Application for vesting order under s.45 Trustee Ordinance

Outcome: Vesting order made pursuant to Section 45 of the Trustee Ordinance.

Case No.HCMP 1197/2022[2022] HKCFI 3232
Court
High Court CFI
Date18 Oct 2022
JudgeHon K Yeung J
Case Document
100%Judiciary

HCMP 1197/2022

[2022] HKCFI 3232

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 1197 OF 2022

____________________

 

IN THE MATTER of ALL THAT piece or parcel of ground registered in the Land Registry as SECTION A of LOT No.709 IN DEMARCATION DISTRICT NO.36 together with the messuages erections and buildings thereon (“the said Property”)
 

and
 

IN THE MATTER OF Section 45 of Trustee Ordinance, Cap.29, Laws of Hong Kong

____________________

LI CHUN PAN（李振斌） Applicant

____________________

Before: Hon K Yeung J in Chamber
Date of Hearing: 18 October 2022
Date of Decision: 18 October 2022

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DECISION

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1.This is an application for a vesting order pursuant to Section 45 of the Trustee Ordinance (Cap 29). The property concerned is No.25 Tai Po Mei Tsuen, Tai Po, New Territories, Hong Kong, being Section A of Lot No. 709 in Demarcation District No.36 together with the messuages erections and buildings thereon (the “Property”).

2.I have read the 2 affirmations of the applicant. Li Ping Cheung was the applicant’s father (“LPC”). He is the registered owner of the Property. Though he has been registered as such, as recorded and ordered in an Order made on 17 June 1999 by Deputy Judge D’Almada Remedios in FCMC No.10904 of 1998, which was part of the divorce proceedings between LPC and the applicant’s mother, LPC gave the Court an undertaking to hold the Property upon trust for the applicant, and was ordered to transfer the same absolutely and free from incumbrances to the applicant upon his reaching the age of 18 on 17 November 1999. That Order has been registered (via Memorial No. 20050500250013).

3.The applicant has long attained the age of 18. LPC passed away in November 2021. LPC failed during his lifetime to transfer the Property to the applicant.

4.I have read the affirmation of Wong Mei Ling. She has done a probate search. No grant of probate or letters of administration has ever been issued in respect of the estate of LPC.

5.Section 45 of the Trustee Ordinance (Cap 29) provides that:

“In any of the following cases, namely—

…

(e) where there is no personal representative of a deceased trustee who was entitled to or possessed of any interest in land, or where it is uncertain who is the personal representative of a deceased trustee who was entitled to or possessed of any interest in land;

…

the court may make an order (in this Ordinance called a vesting order) vesting the land or interest therein in any such person in any such manner and for any such estate or interest as the court may direct…”

6.On the facts as recited above, a case for the vesting order sought has been made out.

7.I do not however believe that it is either appropriate or necessary to order the removal of LPC as trustee of the Property, as requested by §2 of the Ex-parte Originating Summons.

8.I make an order in terms of §§1 and 4 of the Ex-parte Originating Summons (which are the same as §§1 and 3 of the draft order).

  (Keith Yeung)
  Judge of the Court of First Instance
  High Court

Mr SY Danny Chan of Leung Ki Hin & Co, for the Applicant