3 Nov 2022
ANTHONY ERIC RYAN HOTUNG v. HOTUNG, MICHAEL ERIC A.B. MAK SHUN MING, the Executor of the Estate of HO YUEN KI WINNIE, also known as HO YUEN KI, deceased
- Citation
- [2022] HKCA 1658
- Court
- Court of Appeal
- Case number
- CACV151/2021
Leave to appeal refused because the appellant failed to establish the foundational factual premise that the trustee was under a duty to investigate or that she failed so to act; the appellant also failed to prove any causal loss flowing from the established breach (Failure to Inform) so as to shift the onus to the trustee; established Court of Final Appeal authority already states the claimant must show causal connection before equitable compensation and an account on wilful default requires proof of wilful neglect or default, therefore no substantial question of law of general or public impo…