28 Jan 2021
MA WAH YAN AND ANOTHER DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS
- Citation
- [2021] HKCFI 257
- Court
- Court of First Instance
- Case number
- HCA1192/2007
The amended summons seeking an order to charge or sell properties held for a public charity was dismissed because (1) section 20A HCO does not permit charging property not beneficially owned by the judgment debtor, (2) Order 45/50 remedies were the proper statutory route which plaintiffs had not exhausted, (3) Re Snowden principles do not justify compelling a charity to pay private judgment debts or imposing a charge/sale, and (4) there is no inherent jurisdiction to override the statutory scheme or to order a sale in the circumstances, especially given plaintiffs' conduct and lack of necessi…