31 Oct 2001
RE C.A. PACIFIC FINANCE LTD. (in Liquidation)
- Citation
- RE C.A. PACIFIC FINANCE LTD. (in Liquidation)
- Court
- Court of First Instance
- Case number
- HCCW37/1998
Where clients have signed a valid Memorandum of Deposit creating a continuing charge, the Memorandum is effective to classify them as margin clients and to vest disposed shares as charged assets rather than client property; clients who affirm they did not sign and for whom there is no contemporaneous evidence of a charge must be reclassified as non-margin clients; allegations of misrepresentation or non use of facilities do not alter proprietary effect of a valid signed charge and relief for misrepresentation lies in damages against the company's estate; regulatory compensation policy does no…