Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Distrain

Legal area

Court

18 Jun 1981

LEE PUI-LEUNG v. LIN I-CHING t/a TAI TUNG COMPRADOR

Citation

LEE PUI-LEUNG v. LIN I-CHING t/a TAI TUNG COMPRADOR
Court

District Court
Case number

DCDT640/1981

A landlord's right to distrain is extinguished when the landlord's title is extinguished by Crown resumption under section 5 of the Crown Lands Resumption Ordinance; consequently a distress executed after the date of resumption is unlawful, although the landlord may still sue for arrears that accrued before resumption.
11 Sept 1968

ON FAITH WOOLLEN WEAVING FACTORY AND OTHERS v. STAR INDUSTRIAL CORPORATION

Citation

ON FAITH WOOLLEN WEAVING FACTORY AND OTHERS v. STAR INDUSTRIAL CORPORATION
Court

District Court
Case number

DCCJ1819/1968

Marshalling requires that the landlord's claim be first satisfied from goods belonging to the tenant (those not assigned by the bill of sale); therefore the grantee of the registered bill of sale is entitled to have the distraint satisfied from goods not subject to the bill of sale and to receive the surplus, because judgment creditors cannot claim a better right than the debtor.