11 Dec 2024
CHEUNG SAU MEI AND OTHERS v. ONE HERITAGE TRUST LTD
- Citation
- [2024] HKCFI 3587
- Court
- Court of First Instance
- Case number
- HCA986/2024
Because the defendant did not file a defence the facts pleaded in the statement of claim were treated as admitted; those facts established that the purported trust arrangements were a device to procure funds and a constructive trust arose on transfer. The trust deeds were therefore rescinded as sham and their arbitration clause fell with them; accordingly the court could and should grant the declaratory relief and judgment in default without a trial and assess costs summarily.