News & Events

Company successfully resists summary judgment

Andrew Lynn represented the plaintiff company in successfully resisting an application by the defendant companies for summary judgment on their counterclaim in the latest episode of a long-running High Court pensions dispute, beginning with the plaintiff’s successful application for a preservation order over certain pension fund assets in Connaught West Ltd v Global Fiduciary Solutions and Others [2019] HKCFI 40 (in which Andrew also appeared).

The Master held that the counterclaim was for monies had and received, and yet the relevant defendant company (being alleged to be the principal employer under the trust deed) was neither trustee nor beneficial owner, and therefore could not succeed by way of this cause of action. The defendants’ on-the-spot application for an adjournment was refused as the defect was one of substance and the proposed amendment to the counterclaim and summary judgment application would render it a quite different case.

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