KUNG WEI YEE, JACKY v. KUNG WAI FOR, DANNY AND ANOTHER

KUNG WEI YEE, JACKY v. KUNG WAI FOR, DANNY AND ANOTHER

The court adjourned the originating summons and ordered service on the plaintiff in HCA No.10399/2000 because that party may have an interest in the property or its sale proceeds; the court declined to decide the substantive trust claim without joining potentially interested parties.

Citation
KUNG WEI YEE, JACKY v. KUNG WAI FOR, DANNY AND ANOTHER
Parties
Plaintiff: KUNG WEI YEE, JACKY; 1st Defendant: KUNG WAI FOR, DANNY; 2nd Defendant: LEE WAI CHONG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 2002
Case Number
HCMP1217/2002
Procedural Posture
Miscellaneous Proceedings (originating Summons) / Interlocutory Hearing Adjourned
Outcome
Application adjourned for service on potentially interested party
Legal Topics
Declaration of Trust, Constructive/proprietary Trust, Sale of Property and Proceeds, Service on Interested Parties, Mareva Injunction Consequences
Source Language
EN
Trusts Property Civil Procedure Injunctions Declaration of Trust Constructive/proprietary Trust Sale of Property and Proceeds Service on Interested Parties +1 more

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Parties

KUNG WEI YEE, JACKY

Plaintiff

KUNG WAI FOR, DANNY

1st Defendant

LEE WAI CHONG

2nd Defendant

Procedural Posture

Miscellaneous Proceedings (originating Summons) / Interlocutory Hearing Adjourned

Legal Issues

  1. 1 Whether the defendants hold part of the suit property on trust for the plaintiff
  2. 2 Whether proceeds of sale paid into court affect the trust claim
  3. 3 Whether the plaintiff in HCA No.10399/2000 is an interested party who must be served and may intervene

Ratio Decidendi

The court adjourned the originating summons and ordered service on the plaintiff in HCA No.10399/2000 because that party may have an interest in the property or its sale proceeds; the court declined to decide the substantive trust claim without joining potentially interested parties.

Court Disposition

Application adjourned for service on potentially interested party

Orders

  • Application adjourned to a date to be fixed
  • All relevant court documents (including this decision) to be served on the plaintiff in HCA No.10399/2000 not less than 7 days before the adjourned hearing