14 Oct 2024
HENRY SHING HIM CHOW AND ANOTHER v. LING KAM TONG, VICTOR AND OTHERS
- Citation
- [2024] HKCFI 2737
- Court
- Court of First Instance
- Case number
- HCA1521/2021
Court construed clause 17 as an exclusive jurisdiction clause conferring jurisdiction on BVI courts including contentious (breach of trust) matters, but in exercise of its discretion declined to enforce the clause because (i) the related claims against a non-party (Chow) who is not bound by the trust clause required Hong Kong as the single forum to avoid multiplicity and inconsistent decisions, (ii) the operative connecting factors (assets, documents, witnesses, residence of parties and convenience) point to Hong Kong as the more appropriate forum, and (iii) no sufficiently good reason existe…