Ongoing Nina Wang saga: Hong Kong Court of Appeal grants leave for Chinachem Charitable Foundation to appeal to the Court of Final Appeal

The Court of Appeal (“CA“) dismissed Chinachem Charitable Foundation Limited’s (the “Foundation”) appeal on 11 April 2014 and held that Nina Wang had given her estate of about HK$82.86 billion to it as a trustee holding it on charitable trust and not as an absolute gift (see previous blog post for details).  The Foundation subsequently … Read more

Recovering assets from an estate without challenging a will

In Leung Chung Ching Edwin and Wong Fung San Hanny v The Estate of Leung On Mei Amy, deceased, the Court of First Instance held that the parents of the deceased, who died intestate, were the beneficial owners of a property which they had bought in the deceased’s name. The property was, therefore, held on … Read more

The power behind the throne: costs orders against a non-party

The making of costs orders against a witness (who was not a party to the proceedings) was considered by the Hong Kong Court in To Pui Kui, the Administratrix of the Estate of Ng Po Sum, Deceased v Ng Oi Che and Others.  Such orders are rare, one reason being that witnesses should be able … Read more

Breakdown of Trust: Important Court of Final Appeal divorce ruling reaffirms the Court’s power to consider assets held in trust as part of the matriomonial estate and the presumption of the equal division of assets

The case of Poon Lok Otto v Kan Lai Kwan Kay and HSBC International Trustee Ltd. arose out of the high-profile divorce of a wealthy couple and the ramifications for the family business, Analogue Group, an increasingly common occurrence in Hong Kong and further afield. The Court of Final Appeal (“CFA”) judgment found overwhelmingly in … Read more

English High Court considers the effect of invalidly appointed trustees

In Jasmine Trustees Ltd v Wells & Hind (A Firm) [2007] EWHC 38, the High Court of England and Wales interpreted “individuals” in Section 37(1)(c) of the Trustee Act 1925 (“TA 1925“) as meaning natural persons and not corporations. Accordingly, the appointment of an investment bank as one of the replacement trustees was ineffective in … Read more