31 Oct 2022
E.G.O. POLSKA S.P. Z.O.O. (a company incorporated in Poland) v. PROFIT POWER INTERNATIONAL CAPITAL LTD
- Citation
- [2022] HKCFI 3299
- Court
- Court of First Instance
- Case number
- HCA562/2022
The court declined to make the garnishee order absolute and discharged the garnishee order nisi because the default judgment obtained by EGO Polska was for a debt and did not declare any proprietary or trust interest in the funds; EGO Polska had not sought or obtained declaratory relief establishing a trust and thus its claim to treat the SCB funds as trust assets was inconsistent with the judgment relied upon; with a winding-up petition pending and competing creditors, it is appropriate to leave determination of competing claims to liquidators rather than prefer one creditor by making the ga…