SZETO YUK LIN v. TSANG CHIU MO SAMUEL AND OTHERS

SZETO YUK LIN v. TSANG CHIU MO SAMUEL AND OTHERS

The court held that many of the plaintiff's allegations constituted insufficiently particularised or 'half-hearted' pleas of trust and therefore ordered the plaintiff to provide specified further and better particulars (requests nos.8 and 9(b) and particulars in the Answers) within 28 days; it struck out paragraph 3(2) of the reply as an improper introduction of a resulting trust plea by backdoor; it awarded costs to the defendants to be summarily assessed and gave case management directions.

Citation
SZETO YUK LIN v. TSANG CHIU MO SAMUEL AND OTHERS
Parties
Plaintiff and Counterclaim Defendant: SZETO YUK-LIN; Defendant and Counterclaim Plaintiff: TSANG CHIU MO SAMUEL; Defendant and Counterclaim Plaintiff: TSANG CHIU CHING; Defendant and Counterclaim Plaintiff: TSANG CHIU YUEN SYLVIA; Counterclaim Plaintiff: ST INVESTMENTS HOLDING LIMITED; Counterclaim Defendant: SZETO ESTATES LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 September 2014
Case Number
HCA2392/2008
Procedural Posture
High Court Action (court of First Instance) / Interlocutory Chambers Hearing on Applications for Further Particulars and Strike Out (decision)
Outcome
Interlocutory application partly allowed: plaintiff ordered to provide specified particulars; paragraph struck out; costs awarded to defendants (order nisi); case management directions given.
Legal Topics
Further and Better Particulars, Strike Out, Resulting Trust, Specific Performance, Pleadings, Order 18 Rules of the High Court
Source Language
EN
Civil Procedure Trusts and Equity Property Law Contract Law Further and Better Particulars Strike Out Resulting Trust Specific Performance +2 more

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Parties

SZETO YUK-LIN

Plaintiff and Counterclaim Defendant

TSANG CHIU MO SAMUEL

Defendant and Counterclaim Plaintiff

TSANG CHIU CHING

Defendant and Counterclaim Plaintiff

TSANG CHIU YUEN SYLVIA

Defendant and Counterclaim Plaintiff

ST INVESTMENTS HOLDING LIMITED

Counterclaim Plaintiff

SZETO ESTATES LIMITED

Counterclaim Defendant

Procedural Posture

High Court Action (court of First Instance) / Interlocutory Chambers Hearing on Applications for Further Particulars and Strike Out (decision)

Legal Issues

  1. 1 Whether the plaintiff must provide further and better particulars for pleadings alleging beneficial ownership/ trust and alleged share/property transactions
  2. 2 Whether paragraph 3(2) of the reply (plea of beneficial ownership of CSFL shares) should be struck out as an improper or half-hearted introduction of resulting trust
  3. 3 Whether specific requests (eg identity of intermediaries) are reasonable where plaintiff says she cannot remember

Ratio Decidendi

The court held that many of the plaintiff's allegations constituted insufficiently particularised or 'half-hearted' pleas of trust and therefore ordered the plaintiff to provide specified further and better particulars (requests nos.8 and 9(b) and particulars in the Answers) within 28 days; it struck out paragraph 3(2) of the reply as an improper introduction of a resulting trust plea by backdoor; it awarded costs to the defendants to be summarily assessed and gave case management directions.

Court Disposition

Interlocutory application partly allowed: plaintiff ordered to provide specified particulars; paragraph struck out; costs awarded to defendants (order nisi); case management directions given.

Orders

  • Within 28 days plaintiff to provide further and better particulars of request nos. 8 and 9(b) relating to the reply
  • Within 28 days plaintiff to provide further and better particulars of the Answers (filed 17 September 2009)