Read the full judgment text of FAMV 369/2019 on BabelCite. This Court of Final Appeal judgment was delivered on 19 March 2020 before Mr Justice Ribeiro PJ, Mr Justice Fok PJ and Mr Justice Cheung PJ.
Civil procedure – jurisdiction – counterclaim – trustee for non-parties – reflective loss – fiduciary duties – partnership agreement – leave to appeal – Court of Final Appeal – The applicant sought leave to appeal against a judgment for breach of fiduciary duty entered on a counterclaim. The Appeal Committee granted leave solely on the question of whether the courts have jurisdiction to grant substantive remedies to a counterclaiming defendant as a trustee for non-parties not joined or authorized. Leave was refused on the reflective loss principle and on the inference of fiduciary duties from post-contractual conduct. The appeal was listed for hearing on 1 December 2020.
Legal issues: Jurisdiction to grant substantive remedies to counterclaiming defendant as trustee for non-parties · Reflective loss principle · Inference of fiduciary duties from post-contractual conduct
Outcome: Leave to appeal granted solely on Question 1 (jurisdiction to grant remedies as trustee for non-parties); leave refused on Questions 2 and 3 and on the 'or otherwise' basis.
Cited by 2 cases · Cites 1 case