5 Aug 2003
CHAO YUE WAH v. MO & CO (HONG KONG) LTD AND OTHERS
- Citation
- CHAO YUE WAH v. MO & CO (HONG KONG) LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2326/2001
The court struck out the original Statement of Claim and disallowed the proposed amendments seeking registration/declaration against the Company for the 900 shares for want of essential pleadings (no allegation the transfer instrument was lodged so s69 cause of action failed). The court held s42 P&A Ordinance does not apply to a foreign grant and therefore did not preclude the plaintiff from suing as executrix, but because probate had not been produced and the executrix’s position was not proved the first claim (trust over sale proceeds) was stayed as against the Company until production of p…