Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Corporate veil/piercing

Legal area

Court

27 Jun 2006

HKSAR v. LIM JACKSON LUNG HIN AND ANOTHER

Citation

HKSAR v. LIM JACKSON LUNG HIN AND ANOTHER
Court

Court of Appeal
Case number

CACC38/2006

The cheque drawn by Monita completed an assignment of the Dao Heng debt; by delivery in the circumstances induced by the applicants the debt was assigned to PQL to hold as agent for Dynamic, and PQL (being the applicants' alter ego) appropriated the debt by failing to account and treating the benefit as its own; accordingly the conviction for theft of the chose in action as charged was lawful and the leave application failed.
10 Jul 2004

THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF HAU PO MAN STANLEY v. HAU PO FUN IVY AND ANOTHER

Citation

THE JOINT AND SEVERAL TRUSTEES OF THE PROPERTY OF HAU PO MAN STANLEY v. HAU PO FUN IVY AND ANOTHER
Court

Court of First Instance
Case number

HCB924/2002

The trustees failed to prove that the bankrupt influenced or participated in NGEL's payment of HK$4,000,000 and failed to show the payment improved the sister's position beyond the guarantee; separately, the sister adduced credible evidence of pressure by her and her husband that rebutted the statutory presumption of requisite desire as to the three later transactions (transfer of a Maxi Worth share, transfer of a motor vehicle and cash repayment of HK$650,000), so the trustees did not establish unfair preference and the application was dismissed.