Anthony Eric Ryan Hotung and Another v. Ho Yuen Ki

Read the full judgment text of HCMP 2031/2002 on BabelCite. This High Court CFI judgment was delivered on 26 June 2002.

1. The Plaintiffs are two of the three beneficiaries under two declarations of trust of which the Defendant is the trustee. In short, the Plaintiffs seek in this action an order compelling the Defendant to executive four powers of attorney in their favour without putting an end to the trusts.

Cited by 2 cases

Remarks: Appeal by Plaintiffs to Court of Appeal. Appeal dismissed. Please refer to Appeal Judgment of CACV000315/2002.
Case No.HCMP 2031/2002
Court
High Court CFI
Date26 Jun 2002
Judge
Case Document
100%Judiciary

HCMP002031/2002

HCMP 2031/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 2031 OF 2002

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IN THE MATTER of Order 85 rule 2(1) & (3)(c) of the Rules of the High Court, Cap. 4 and Section 25A of the High Court Ordinance, Cap. 4

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BETWEEN
ANTHONY ERIC RYAN HOTUNG 1st Plaintiff
SEAN ERIC MCLEAN HOTUNG 2nd Plaintiff
AND
HO YUEN KI Defendant

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Coram: Hon Chung J in Chambers

Date of Hearing: 26 June 2002

Date of Decision: 26 June 2002

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D E C I S I O N

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1.The Plaintiffs are two of the three beneficiaries under two declarations of trust of which the Defendant is the trustee. In short, the Plaintiffs seek in this action an order compelling the Defendant to executive four powers of attorney in their favour without putting an end to the trusts.

2.I agree with the submissions contained in the "Notes of Submissions" of defence counsel, especially paragraph 2 thereof, to the effect that beneficiaries cannot control the trustees without putting an end to the trust altogether. This action is therefore dismissed.

(Andrew Chung)
Judge of the Court of First Instance
High Court

Representation:

Ms Catherine Por of Messrs Stevenson, Wong & Co., for the Plaintiffs

Mr Michael Yin, instructed by Messrs C K Mok & Co., for the Defendant

Remarks:
Appeal by Plaintiffs to Court of Appeal. Appeal dismissed. Please refer to Appeal Judgment of CACV000315/2002.