12 Sept 2007
NU LIFE INTERNATIONAL LTD v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND ANOTHER
- Citation
- NU LIFE INTERNATIONAL LTD v. HEALTHY LIVING PRODUCTS INTERNATIONAL LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1157/2006
The court struck out the action as an abuse of process under the extended doctrine of res judicata because Nu Life International could and should have been involved or its claim raised in the earlier proceedings where Healthy Living and Nu Life HK litigated the trust/bare trustee defence; there was sufficient identity between the two Nu Life companies so allowing the later suit would result in relitigation, unjust harassment and risk of conflicting judgments; moreover a beneficiary is bound by litigation in which the trustee represented the beneficiary, so Nu Life International is precluded f…