Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Wallersteiner principle
  • 18 Aug 1999

    Samuel Tak Lee v. Lee Tak Yan

    Citation
    Samuel Tak Lee v. Lee Tak Yan
    Court
    Court of Appeal
    Case number
    CACV118/1999

    The Court of Appeal upheld the Section 182 order: where monies in a company are demonstrably trust property received with knowledge attributable to the company, the court may order that specified disbursements to the executors/trustees will not be void under s.182 should a winding up occur, because such dispositions serve the interests of the company and the protection of the trust; objections based on lack of board authorisation, set‑off or the trustee's personal liability do not preclude making such an order and do not amount to relief of the trustee from liability.