8 Feb 2005
THE SECRETARY FOR JUSTICE v. HUI YAT FAI (aka XU CHAO FAN) & OTHERS
- Citation
- THE SECRETARY FOR JUSTICE v. HUI YAT FAI (aka XU CHAO FAN) & OTHERS
- Court
- Court of Appeal
- Case number
- CACV187/2004
Paragraph 1 of the amended order which mandatorily required the Bank to obtain and secure a variation of the restraint order before exercising set-off or aggregation exceeded the court's power and jurisdiction and was therefore set aside; the appropriate remedy was to grant liberty to the parties to restore the outstanding summonses and to give the receiver liberty to seek directions, rather than coercing the bank to apply for variation; the Court refused to make the substantive declaration sought and declined to decide the underlying substantive law point as unnecessary in the circumstances.