18 Aug 2023
LO KAI SHUI v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
- Citation
- [2023] HKCA 983
- Court
- Court of Appeal
- Case number
- CACV181/2023
The Court of Appeal held that privity of interest between Lu and Madam Lo was not established (beneficiaries of a discretionary trust do not automatically bind each other), that the narrow 'standing by' exception and Henderson v Henderson abuse were not satisfied on the facts, and that the Trustee and KS therefore failed to show res judicata or abuse of process justifying striking out; because the High Court judgment exhibited extensive copying from counsel submissions, the appeal court considered the issues afresh and allowed Lu’s appeals, set aside the striking-out orders, allowed most amen…