28 Jan 2021
MA WAH YAN AND ANOTHER DHARMA REALM BUDDHIST ASSOCIATION, INC. AND OTHERS
- Citation
- [2021] HKCFI 257
- Court
- Court of First Instance
- Case number
- HCA1193/2007
The court dismissed the application for orders to charge or sell properties subject to a public charity because s.20A HCO precludes imposing a charging order where the judgment debtor does not hold the beneficial interest; Newco is not the alter ego of D1; Re Snowden principles do not justify charging or sale of charitable trust property in these circumstances; inherent jurisdiction cannot be exercised to override the statutory charging regime and, even if available, would not be exercised here because plaintiffs failed to exhaust statutory remedies and acted with unclean hands.