23 May 2023
PAMELA ALDRED AND ANOTHER v. CASTLE FIDUCIARY LTD AND ANOTHER
- Citation
- [2023] HKCFI 1325
- Court
- Court of First Instance
- Case number
- HCA643/2022
The Court held that (i) Pamela's standing could not be determined summarily because the proper construction of the Trust Deed requires resolution of disputed factual matrix (who was the real settlor and the trust's purpose); accordingly the Striking‑Out Summons was adjourned to trial for determination; (ii) there is a serious issue to be tried that the Trustee may have breached fiduciary duties and/or the trust by transfers, the Loan and related conduct, and therefore an injunction restraining the Trustee from dealing with the Compass Trust assets or taking steps requiring Prior Notice was gr…