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
- HCA1190/2007
The court refused to grant a charge or order to sell because section 20A HCO confines charging orders to interests beneficially owned by the judgment debtor or narrowly defined trustee situations and the Two Properties are held for a public charity, not beneficially by D1; Newco is not the alter ego of D1; Re Snowden/Re Henderson do not justify charging or sale of charitable trust property; the court will not exercise inherent jurisdiction to override the statutory scheme, particularly where plaintiffs had not exhausted available remedies and equity principles (clean hands) disfavor relief.