Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Undivided family
  • 24 Jun 1981

    CHEUNG CHUI SOU YING v. CHEUNG YUK LUEN AND OTHERS

    Citation
    CHEUNG CHUI SOU YING v. CHEUNG YUK LUEN AND OTHERS
    Court
    Court of First Instance
    Case number
    HCA5238/1980

    The Court held that the Statement of Claim failed as a matter of law and on pleadings: the Plaintiff relied on Tsing law without requisite pleading of foreign law and the individuals were domiciled in Kwantung so Tsing law was foreign to Hong Kong for the relevant transactions; applying English law the pleaded undivided family/trust arrangements disclosed no recognizable cause of action and alleged trusts were void for perpetuity and uncertain; the pleading additionally was vexatious, embarrassing and unintelligible (overlong, incoherent charts, unclear capacities and misjoinder). Leave to am…