Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Distribution of funds

Legal area

Court

1 Aug 2014

FUBON BANK (HONG KONG) LTD v. BHC PHARMACEUTICAL (HONG KONG) LTD AND OTHERS

Citation

FUBON BANK (HONG KONG) LTD v. BHC PHARMACEUTICAL (HONG KONG) LTD AND OTHERS
Court

District Court
Case number

DCMP1262/2014

The bank satisfied the conditions for interpleader: it faced adverse claims, asserted no beneficial interest, did not collude and was willing to transfer the disputed funds into court; service was adequate; accordingly the bank was ordered to pay the net balance into court less its summarily assessed costs and the matter was adjourned for the claimants to take steps if they wished to pursue their claims.
9 Dec 1998

FRANCIS ROBERT MULLENS ROBERT BRUCE HINCHCLIFFE v. ELMER YUEN AND OTHERS

Citation

FRANCIS ROBERT MULLENS ROBERT BRUCE HINCHCLIFFE v. ELMER YUEN AND OTHERS
Court

Court of First Instance
Case number

HCA1099/1997

The court found that the scheduled Mission Hills interest was intended to be and was impressed with a trust in favour of Strategic Holdings Limited; accordingly the 1st Defendant did not hold the disputed 20% on trust for the Plaintiffs and the Plaintiffs' proprietary and contractual claims fail. The Side Agreement and estoppel arguments do not establish a binding obligation in favour of the Plaintiffs. The monies are to remain in Court until further order, and the court declined to grant the Plaintiffs' declarations that the monies are held for them.