XCHRX Re Lung Yeuk Tau Siu Hang Lot No. 9 in Demarcation District No. 83

HCMP 3745/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 3745 OF 1999

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J U D G M E N T

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1. This is an application by Originating Summons for an order that a piece of property in the New Territories do vest in the Applicant absolutely for all the entire legal and beneficial estate and interest in the property.

2. The evidence exhibited to the affirmations before me shows that on 12 October 1951, the Plaintiff succeeded to the property then known as DD 83, Lot No. 214 Siu Hang House No. 9 with a Madam Tang Lam Shi as his trustee. The said Tang Lam Shi is the Applicant's aunt.

3. In April 1995, the trustee died without having vested the property in the Plaintiff. No will has been left by the trustee and no Letters of Administration have been taken out to her estate.

4. On the last occasion when this matter came before me, I queried the description of the property in the Succession to Property registered by Memorial No. 128010, and there is now before me an affirmation of the Plaintiff's solicitors exhibiting correspondence with the North District Office which shows that the property mentioned in the Succession to Property Memorial No. 128010 is in fact a reference of the same property as that mentioned in the land search record and as mentioned in the title to the present proceedings.

5. In all the circumstances, this is a clear case under section 45(e) of the Trustee Ordinance and an order should be made in terms of the Originating Summons.