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In Re Oung Chi Lian Fang (HCMP2347/2015), the Hong Kong High Court refused an ex parte application for a grant of administration ad colligenda bona under s.36 of the Probate and Administration Ordinance. Introduction Ad colligenda bona grants are temporary limited grants for administration of deceased estates. They are made in emergencies, when there is … Read more
In Wah Ying Cheong Co Ltd v Chan Kwok Ping & Ors [2015] HCMP 3059C/1997, the Court held that where a trustee is unable to locate beneficiaries under a trust, the Court may order payment of trust monies into Court pursuant to s62 of the Trustee Ordinance (the “TO“). This case serves as a reminder … Read more
In Li Miaoli and Others v Chan Shu Fong and Others HCA 845/2011, the Court held that a father did not make an inter-vivos gift of shares to his son. This case is an illustration of how the Court will apply legal principles relating to inter-vivos gifts and proprietary estoppel. Read more
In its landmark decision of Kam Leung Sui Kwan v Kam Kwan Lai & Ors FACV 4/2015, issued yesterday, the Court of Final Appeal has brought some closure to the long running Yung Kee restaurant matter by making a winding up order against Yung Kee Holdings Limited (YKHL) with a 28-day stay to allow the … Read more
In Fung Sing Wai v. Chow Chiu Wan and Others, the Court revoked letters of administration on the grounds that the administrator failed to establish that she was the deceased’s wife and had made misrepresentations in her affirmation in support of her application for the grant. Read more
In Paul David Wood & Anor v Timothy Darren Baker & Ors, the joint trustees in bankruptcy of the bankrupt’s property successfully obtained injunctions freezing the assets and business of the respondents and restraining them from dealing with such assets and business. This case is an illustration of how the court may apply the “evasion … Read more
In ZENG QILING (A MINOR, BY MOTHER AND NEXT FRIEND WANG LIMEI) v. HOU PO CHU ESTELLA AND ANOTHER, the Court exercised its discretion under section 36 of the Probate and Administration Ordinance (the “Ordinance) to appoint two professional administrators to administer the estate of the deceased. The Court made this order on the ground … Read more
In In the matter of the Estate of Florence Rosemary Harte (Deceased) (“Re Harte“), the English High Court had to decide when and how to interpret and rectify a Will to reflect the testator’s true intentions. Re Harte affirmed the landmark Supreme Court case Marley v Rawlings in its intent-based approach to Will interpretation and … Read more
Herbert Smith Freehills Disputes Notes has already reported on the litigation between JSC Mezhdunarodniy Promyshlenniy Bank (Mezhprom) and Sergei Viktorovich Pugachev (Mr Pugachev) (see our article of 27 November 2014) . In a new decision, the Court has extended the Mareva injunction against Mr Pugachev. Read more
