30 Apr 2018
SI TOU CHOI KAM v. WEALTH CREDIT LTD
- Citation
- [2018] HKCA 250
- Court
- Court of Appeal
- Case number
- CACV167/2017
Where a court-declared trust shows the judgment debtor never had a beneficial interest, the court lacked jurisdiction to make charging orders under s52AA and those orders must be discharged and their Land Registry registrations vacated; although the declaration is in personam, the defendant with knowledge of the High Court proceedings and who allowed the declaration to be obtained without intervening is estopped from denying it, so the declaration is binding on the defendant in these proceedings.