6 Feb 2018
JAGDIP KAUR SADHU SINGH v. I LIVE LTD
- Citation
- [2018] HKDC 152
- Court
- District Court
- Case number
- DCCJ3222/2017
Default judgment was refused because (1) the plaintiff's claim for declaratory trust and return of funds raises substantive issues of fact and law that require evidence and are unsuitable for determination on default judgment; (2) the pleaded case lacked particularity (no fraud pleaded and insufficient particulars of misuse of funds); and (3) the claimed trust fund value (USD130,101 ≈ HKD1,014,800) likely exceeds District Court jurisdiction under DCO s37(2), so the court lacks jurisdiction to grant the relief sought.