HUI LUI v. HO CHEUK CHAN AND OTHERS

HUI LUI v. HO CHEUK CHAN AND OTHERS

On the evidence the restaurant undertaking had ceased and the business had come to an end; co-defendants either consented or disclaimed interest and the 1st Defendant failed to engage, therefore the court declared the partnership dissolved and appointed the Plaintiff as receiver to recover and distribute the funds.

Citation
HUI LUI v. HO CHEUK CHAN AND OTHERS
Parties
Plaintiff: HUI LUI; 1st Defendant: HO CHEUK CHAN; 2nd Defendant: YUEN WAI CHU; 3rd Defendant: CHAN TING HUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 December 1999
Case Number
HCA641/1999
Procedural Posture
Partnership Dissolution and Appointment of Receiver / Application for Declaration and Appointment; Judgment Delivered 2 December 1999
Outcome
Declaration granted and Plaintiff appointed receiver
Legal Topics
Dissolution of Partnership, Declaration of Dissolution, Appointment of Receiver, Distribution of Partnership Assets
Source Language
EN
Partnership Law Civil Procedure Receivership Dissolution of Partnership Declaration of Dissolution Appointment of Receiver Distribution of Partnership Assets

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2
Sign in to unlock

Parties

HUI LUI

Plaintiff

HO CHEUK CHAN

1st Defendant

YUEN WAI CHU

2nd Defendant

CHAN TING HUNG

3rd Defendant

Procedural Posture

Partnership Dissolution and Appointment of Receiver / Application for Declaration and Appointment; Judgment Delivered 2 December 1999

Legal Issues

  1. 1 Whether the partnership formed circa 1984 was dissolved when the restaurant ceased business in or about June 1992
  2. 2 Whether a declaration of dissolution should be granted
  3. 3 Whether the Plaintiff or another person should be appointed receiver to recover and distribute funds

Ratio Decidendi

On the evidence the restaurant undertaking had ceased and the business had come to an end; co-defendants either consented or disclaimed interest and the 1st Defendant failed to engage, therefore the court declared the partnership dissolved and appointed the Plaintiff as receiver to recover and distribute the funds.

Court Disposition

Declaration granted and Plaintiff appointed receiver

Orders

  • Declaration that the partnership formed in or about 1984 between the Plaintiff and the three Defendants was dissolved in or about June 1992
  • Appointment of the Plaintiff as Receiver to retrieve and distribute the funds in the partnership bank account