Hong Kong Case Law: Decisions & Judgments

Topic

Beddoe proceedings

Legal area

Court

14 Oct 2024

HENRY SHING HIM CHOW AND ANOTHER v. VICTOR LING KAM TONG AND ANOTHER

Citation

[2024] HKCFI 2737
Court

Court of First Instance
Case number

HCMP1305/2021

Clauses 17.1 and 17.2 of the Settlement Deed, read together, constitute an exclusive jurisdiction clause under BVI law covering both friendly and hostile trust litigation; notwithstanding the prima facie entitlement to enforce that clause, the Court exercised its discretion to refuse the stay because the claims against the trustees and the third party (Chow) are inextricably linked, Hong Kong is the clearly more appropriate forum on connecting factors (documents, witnesses, valuation, parties resident and service in Hong Kong), and avoidance of multiplicity of proceedings and interests of jus…
21 Dec 2015

TONG WING KIN AND ANOTHER v. HURST, TONG TZE MING OPHELIA AND OTHERS

Citation

TONG WING KIN AND ANOTHER v. HURST, TONG TZE MING OPHELIA AND OTHERS
Court

Court of First Instance
Case number

HCMP2379/2014

Clause 3 was ambiguous on its face or when read with surrounding circumstances so extrinsic evidence is admissible under s23B; documents relating to drafting and preparation of the Will are relevant and necessary for a fair disposal therefore discovery under Order 24 r 3 is ordered; counsel advices were obtained in the course of estate administration for the benefit of the estate (joint interest with beneficiaries) and not clearly for the executrix's personal benefit, so legal professional privilege does not bar disclosure to the plaintiffs; accordingly discovery of the drafting documents and…

Hong Kong Case Law

HENRY SHING HIM CHOW AND ANOTHER v. VICTOR LING KAM TONG AND ANOTHER

TONG WING KIN AND ANOTHER v. HURST, TONG TZE MING OPHELIA AND OTHERS