Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Enforcement of trust
  • 20 Feb 2008

    CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD

    Citation
    CHOW FU HSIEN v. K VISION INTERNATIONAL INVESTMENT (HK) LTD
    Court
    Court of First Instance
    Case number
    HCA2884/2004

    No arguable defence was disclosed because the deed plainly recorded an outstanding trust obligation and the defendant's explanation for alleged superseding events was not credible or supported by cogent evidence; the share transfers did not plausibly discharge the trust given the lack of consideration, absence of documentary proof consistent with satisfaction, and the commercial value involved. Accordingly summary judgment for the plaintiff was correct and the defendant's appeal fails.