26 Apr 2016
張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER
- Citation
- 張才奎所託管中國山水投資有限公司股份 AND ANOTHER v. 張才奎 AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA623/2015
The fraud exception is engaged because the plaintiffs' pleaded case and supporting materials, taken in substance, impute intentional or reckless dishonesty by the 1st defendant in transferring the plaintiffs' beneficial interests in CSI into BVI discretionary trusts without knowledge or consent; accordingly the court has no jurisdiction to grant summary judgment under Order 14 and the Order 14 summons must be dismissed; the existence of the alleged Hong Kong trust raises triable issues requiring a full trial.