30 Oct 2025
TAN CHENG GAY AND OTHERS v. TAN CHOO SUAN AND OTHERS
- Citation
- [2025] HKCFI 4788
- Court
- Court of First Instance
- Case number
- HCA439/2020
The Form As were repeated, contemporaneous, clear declarations by Elisons officers that the Credit Suisse account was held for the five siblings in equal shares; accordingly an express trust was validly constituted over the chose in action and withdrawals constituted breaches. TCS and Mother, as directors/signatories, knowingly received and assisted the breaches and are liable for dishonest assistance and knowing receipt; plaintiffs are entitled to proprietary remedies, tracing and equitable compensation (60% of unaccounted withdrawals = US$2,399,310) and an account/enquiry. The limitation d…