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
- HCMP3943/1997
The court held that, on the evidence (the memorandum of wishes and the trustees' consistent conduct), the settlor intended the settlement to operate as a fixed settlement in accordance with his will rather than a discretionary trust; although the trustees breached fiduciary duties by failing to isolate trust interests from family redevelopment plans and by lack of transparency, their misconduct did not amount to dishonesty and did not justify removal because there was no continuing risk to the trust and removal would impose unnecessary cost; the plaintiff was entitled to a declaration that th…