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Under the Mental Health Ordinance, Cap. 136 (the “MHO”), the court is empowered to make such orders as it thinks fit for, among other things, ” the execution for the mentally incapacitated person of a will making any provision” and for “the settlement of any property of the mentally incapacitated person, or the gift of … Read more
On 1 June 2021, the Hong Kong Court of First Instance handed down another lengthy Judgment in the long-running dispute among certain members of the prominent Lo family. On the applications of HSBC Trustee (the “Trustee“) and Dr KS Lo (“KS“), the Court struck out large portions (the “Offending Paragraphs“) of Mr Lu Lo (“Lu“)’s … Read more
Following on from our earlier blog posting where we reported on the background of Zhang Hong Li v DBS Bank and others and the Hong Kong Court of Final Appeal’s (“CFA”) decision to overturn the Court of Appeal’s (“CA”) findings, we now set out below our more detailed analysis of the CFA’s decision. Read more
Summary Trustees often seek to limit their liability in the form of exoneration clauses in trust deeds. As such, it is generally difficult for a beneficiary to challenge a trustee’s decision that falls within the scope of the exoneration clause. In Sofer v SwissIndependent Trustees SA [2019] EWHC 2071 (Ch), the England and Wales High … Read more
Earlier today, the Hong Kong Court of Final Appeal handed down judgment in Zhang Hong Li v DBS Bank and others a case which has been the cause of considerable discussion in the private wealth and trusts world. The Court of Final Appeal reversed the Court of Appeal’s findings and ruled that the anti-Bartlett clause … Read more
Background In Chan Chi Wai v Chan Sau Wah [2019] HKCFI 1662 an application was made to vary a costs order nisi granted by the Hong Kong High Court regarding a dispute between five brothers over the legal and beneficial ownership of two houses in the New Territories (Original Proceedings). The applicants were two of the brothers and the plaintiffs … Read more
Next friends act on behalf of parties in legal proceedings who are not able to act themselves (for example, because of mental incapacity). In two recent decisions, the courts took the opportunity to reiterate the legal principles relating to the appointment and authority of a next friend and to make clear the capacity … Read more
In Re Galleria (Hong Kong) Limited [2019] HKCFI 1877, the Hong Kong Court of First Instance examined the legal principles in relation to dishonesty and blind-eye knowledge. Background This was an action brought by the liquidators of Galleria (Hong Kong) Limited (GHK) against a bank (the Bank), which was one of GHK’s former lenders, for … Read more
Please click here to access a preview of the Guide. We are pleased to launch the 2019 edition of our Asia Pacific Guide to Privilege. Businesses are increasingly faced with multi-jurisdictional disputes where evidence rarely falls within the borders of a single country and complex legal privilege issues often surface when dealing with communications across multiple … Read more