25 Aug 2025
RE WING FUNG CREDIT LTD
- Citation
- [2025] HKDC 1268
- Court
- District Court
- Case number
- DCMP2483/2022
The court held that the surplus proceeds from the mortgagee sale were, prima facie, held by the applicant as constructive trustee pursuant to s54 CPO and equitable principles; the applicant had taken all reasonable steps to locate the personal representative or beneficiaries; payment into court under s62 TO was a proportionate and necessary remedy with no viable alternatives; quantum was agreed at HK$2,881,168.79 and trustee costs of HK$82,201 were properly incurred and to be deducted prior to lodgment.