7 Nov 2000
NATALIE W CHEN v. WONG SIU LING AND ANOTHER
- Citation
- NATALIE W CHEN v. WONG SIU LING AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA17008/1998
The court held that, on the evidence including the memorandum of wishes and the parties' conduct, the 1985 settlement operated as a fixed settlement in accordance with the settlor's will (not a true discretionary trust); although the trustees breached fiduciary duties by allowing conflicts in relation to the Barker Road redevelopment and by lacking openness over estate matters, there was no dishonesty or continuing risk to the trust sufficient to justify removal; the plaintiff is entitled to a declaration that the trust property is held on the terms of the settlement as modified by the memora…