No trustee or protector wants to get sued, let alone get sued twice for essentially the same thing. What can they do if this happens?
You may remember that in May 2019, the Hong Kong Court of First Instance in the high profile Madam Lo v HSBC Trustee case dismissed claims brought by a beneficiary against the Trustee of the Lo Family Trust.
Whilst those proceedings were still ongoing, a different beneficiary sued both the Trustee and Dr KS Lo, a witness in the first set of proceedings (who was also a beneficiary and a protector of the Trust), and raised “highly similar claims“.
Could these claims be struck out? Also, was it an abuse of process to sue a witness from the first proceedings?
In another lengthy judgment, the Court surveyed the law on res judicata and abuse of process. On the application of the Trustee and Dr KS Lo, the Court struck out a number of claims – the Trustee and Dr KS Lo obtained the full relief they sought. We have summarised the judgment in our recent blog post.
You are cordially invited to join our webinar, where the Herbert Smith Freehills team acting for Dr KS Lo will discuss the key legal principles, outcomes of the case and implications it may have for trustees, protectors and beneficiaries.
The case is of particular interest to trustees and other trust office holders who are faced with repeat allegations and court proceedings arising from the same factual matrix.
Monday, 6 September 2021
4pm-5pm Hong Kong time
Attendees will receive 1 CPD point for this webinar, subject to approval from the Law Society of Hong Kong.
You will receive a confirmation email with log-in details of the webinar after completing the registration form.
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Check the resources list for a PDF copy of the slides and other relevant material.
This webinar is interactive and we welcome questions from the audience. Send your comments to the speakers via the Q&A facility on the webinar screen.