23 Jun 2021
張才奎所託管中國山水投資有限公司股份相關員工 AND OTHERS v. 張才奎 AND ANOTHER
- Citation
- [2021] HKCFI 1805
- Court
- Court of First Instance
- Case number
- HCA1766/2014
The Former Receivers were required to prove on the balance of probabilities the existence of an actual or potential indebtedness in respect of their unpaid fees to obtain a binding declaration of lien. On the evidence before the Court (notably absence of contemporaneous documentation or clear terms of the alleged loans and inadequate particulars of funding flows), the Former Receivers failed to establish such indebtedness on the balance of probabilities. Accordingly the Court refused to grant the declaration of an equitable lien and dismissed the Lien Summonses; ancillary relief to keep court…