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…