15 Apr 1996
Re LAW KIN MAN AND 38 OTHERS, INCLUDING: CHEUK WAI-MAN , SUNG TIN-BIU and TRAINWELL COMPANY LIMITED
- Citation
- Re LAW KIN MAN AND 38 OTHERS, INCLUDING: CHEUK WAI-MAN , SUNG TIN-BIU and TRAINWELL COMPANY LIMITED
- Court
- Court of First Instance
- Case number
- HCMP1711/1991
The court refused the Attorney-General's declarations because (1) issue estoppel and the principle that litigation must end bar re-opening matters decided or available to have been raised at the hearing before Deputy Judge Daniell; and (2) the statutory scheme and authorities establish that pre-existing equitable interests (security, lien, rights of set-off/consolidation) survive registration of external confiscation orders and are not defeated by such orders, so the Attorney-General could not show the Crown acquired title to the deposits to the exclusion of the bank/liquidator.