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.
Date
Monday, 6 September 2021
Time
4pm-5pm Hong Kong time
CPD Point
Attendees will receive 1 CPD point for this webinar, subject to approval from the Law Society of Hong Kong.
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Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.