Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Trust rectification
  • 17 Jun 2005

    SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD

    Citation
    SEAN ERIC MCLEAN HOTUNG v. HILLHEAD LTD
    Court
    Court of First Instance
    Case number
    HCMP4511/2002

    The pleaded condition that trustees were 'not to be concerned with' management did not constitute a trust term warranting rectification or restraints; consequently the plaintiff's substantive claims were dismissed except for a specific declaration that one share in Hotung Enterprises Limited then standing in the 1st defendant's name is held on trust for the plaintiff absolutely; costs were awarded against the plaintiff with limited exceptions for Beddoe-protected conduct of the 4th defendant; HCMP 2820/2002 and HCMP 4511/2002 were not permitted to proceed.