10 Mar 2010
LEE TAK YEE v. LEE TAK YAN AND OTHERS
- Citation
- LEE TAK YEE v. LEE TAK YAN AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA766/2008
The Statement of Claim was struck out because it failed to plead or prove essential elements of an express, constructive or resulting trust or of a contract (no declaration, vesting, acceptance by trustees, or contractual assent by defendants); the pleaded trust was void or unenforceable (perpetuity and uncertainty) and inconsistent with the express terms of the Global Settlement Agreement (estoppel by deed); many defendants were improperly joined or had no knowledge and plaintiff could not identify alleged breaches — accordingly the claim was unsustainable and an abuse of process.