Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Judgment in rem vs in personam

Legal area

Court

30 Sept 2024

SHERMAN NGAI WING LEE v. LEE HOI WING MICHAEL AND OTHERS

Citation

[2024] HKCFI 2552
Court

Court of First Instance
Case number

HCA2905/2017

The court held that although the Seagroatt Judgment was not a judgment in rem, the Brothers are privies as beneficiaries under the trust declared by that judgment; consequently neither the Settlement Agreement nor the Deed of Settlement could validly alter their vested beneficial interests without their consent. Sherman failed to show arguable grounds that would justify a stay or that enforcement would render his appeal nugatory; the application for a stay was dismissed.
1 Dec 2023

SHERMAN NGAI WING LEE v. LEE HOI WING MICHAEL AND OTHERS

Citation

[2023] HKCFI 3056
Court

Court of First Instance
Case number

HCA2905/2017

The court held the Seagroatt Judgment was not a judgment in rem but nonetheless bound all six sons as privies because they were identified beneficiaries with a direct vested interest; as a result the sons held indefeasible vested interests in the two properties and the father and Sherman could not validly dispose of or vary those interests between themselves. Consequently neither the handwritten Settlement Agreement nor the later Deed of Settlement could lawfully alter those beneficiaries' interests and the plaintiff's claim failed; the counterclaim succeeded to the extent of requiring transf…