4 Nov 2022
李明實 AND OTHERS v. ACE LEAD PROFITS LTD AND ANOTHER
- Citation
- [2022] HKCFI 3342
- Court
- Court of First Instance
- Case number
- HCA597/2021
Court dismissed the defendants' summons. The Trust Shares Claim was not stayed to arbitration because the substantive dispute concerned an overarching trust distinct from the DoT trusts and thus outside the DoT arbitration clause; defendants failed to show the dispute fell within the arbitration agreement. Defendants also failed to establish that the Ace Lead Claim and the Plus View Claim should be stayed on forum non conveniens grounds; Hong Kong remained the appropriate forum. The alternative case management stay was not engaged. Costs were ordered against defendants on a nisi basis.