KCMA v. ABC

KCMA v. ABC

The court exercised its discretion under Order 15 rule 6(2)(b) to order joinder: PBB was joined in his capacities as Trustee of both the Family Trust and the Education Trust and K (H's father) was joined as 4th Respondent. The joinder was necessary and just and convenient to determine whether the disputed assets held by the trusts or transferred to K are in reality family or H's assets subject to a s17 avoidance order, to facilitate the court's inquiry, to enable discovery and to assist enforcement or subsequent proceedings abroad; while respecting existence of Nevada in rem proceedings, those orders did not preclude joinder for the purposes above and did not make joinder inappropriate as...

Citation
[2019] HKCFI 2822
Parties
Petitioner (wife): KCMA; Respondent (husband): ABC; Trustee of the Family Trust (2nd Respondent): Paras B Barnett; Trustee of the Education Trust (3rd Respondent): Paras B Barnett; Father of H / 4th Respondent: K; BVI Company (holding Company) Non Party: Intero; BVI Company (holding Land in Usvi) Non Party: Bremen
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 November 2019
Case Number
HCMC1/2019
Procedural Posture
Matrimonial Ancillary Relief/variation of Nuptial Settlement and Avoidance of Disposition (s17 and S6(1)(c) Mppo) / Interlocutory Application for Joinder Heard in Chambers (decision on Joinder)
Outcome
Joinder granted in part: PBB joined as Trustee of the Family Trust and as Trustee of the Education Trust; K joined as 4th Respondent; matters remitted for directions hearing.
Legal Topics
Joinder of Trustees and Third Parties, Avoidance of Disposition (s17 Mppo), Variation of Nuptial Settlement (s6(1)(c) Mppo), Service Out of Jurisdiction, Enforcement of Foreign Trust Orders, Discovery Against Trustees, Spendthrift Trusts
Source Language
EN
Family Law Trusts Law Civil Procedure Private International Law Injunctions Property Law Joinder of Trustees and Third Parties Avoidance of Disposition (s17 Mppo) +5 more

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Parties

KCMA

Petitioner (wife)

ABC

Respondent (husband)

Paras B Barnett

Trustee of the Family Trust (2nd Respondent)

Paras B Barnett

Trustee of the Education Trust (3rd Respondent)

K

Father of H / 4th Respondent

Intero

BVI Company (holding Company) Non Party

Bremen

BVI Company (holding Land in Usvi) Non Party

Procedural Posture

Matrimonial Ancillary Relief/variation of Nuptial Settlement and Avoidance of Disposition (s17 and S6(1)(c) Mppo) / Interlocutory Application for Joinder Heard in Chambers (decision on Joinder)

Legal Issues

  1. 1 Whether trustees of offshore/Nevada trusts should be joined as respondents to a s17/s6(1)(c) application
  2. 2 Whether H's father K should be joined given transfer of Indian apartment to him then to an Indian trust
  3. 3 Whether Nevada in rem orders oust Hong Kong jurisdiction for purposes of joinder

Ratio Decidendi

The court exercised its discretion under Order 15 rule 6(2)(b) to order joinder: PBB was joined in his capacities as Trustee of both the Family Trust and the Education Trust and K (H's father) was joined as 4th Respondent. The joinder was necessary and just and convenient to determine whether the disputed assets held by the trusts or transferred to K are in reality family or H's assets subject to a s17 avoidance order, to facilitate the court's inquiry, to enable discovery and to assist enforcement or subsequent proceedings abroad; while respecting existence of Nevada in rem proceedings, those orders did not preclude joinder for the purposes above and did not make joinder inappropriate as...

Court Disposition

Joinder granted in part: PBB joined as Trustee of the Family Trust and as Trustee of the Education Trust; K joined as 4th Respondent; matters remitted for directions hearing.

Orders

  • Join Paras B Barnett in his capacity as Trustee of the Family Trust as 2nd Respondent
  • Join Paras B Barnett in his capacity as Trustee of the Education Trust as 3rd Respondent