8 Nov 2010
TSANG YUE JOYCE v. STANDARD CHARTERED BANK (HONG KONG) LTD AND ANOTHER
- Citation
- TSANG YUE JOYCE v. STANDARD CHARTERED BANK (HONG KONG) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2488/2009
Plaintiff's pleaded loss was loss of Ideal and the Trust; she acted as attorney for Ideal so any cause of action belongs to Ideal/the trustee. No pleaded collateral contract to give her a personal cause of action. Plaintiff lacked standing and failed to show any applicable exception permitting a direct or double derivative action; the proper remedy is an administration action in the Cayman Islands to compel the trustee to sue. Accordingly the amended statement of claim was plainly unsustainable and was struck out and the action against the 1st defendant dismissed.