13 Sept 2001
CHIU YIN MING v. LAM CHI SING AND OTHERS
- Citation
- CHIU YIN MING v. LAM CHI SING AND OTHERS
- Court
- District Court
- Case number
- DCCJ15280/1996
The claim was dismissed because clause 8(3) is construed narrowly by ejusdem generis and does not create an indemnity for payments to the Official Receiver; the plaintiff produced no evidence of custom or usage and business efficacy did not expand the parties' obligations beyond ordinary trust law; critically, the sums paid were not expenses properly and reasonably incurred by a trustee because the plaintiff failed to take available steps (including seeking proper legal advice and applying to set aside an irregular default judgment) and therefore is not entitled to indemnity or restitution.