Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Guarding fees

  • 8 Mar 2002

    SILVERCORD LTD. v. WELL KINGDOM ENTERPRISE LTD. AND OTHERS

    Citation
    SILVERCORD LTD. v. WELL KINGDOM ENTERPRISE LTD. AND OTHERS
    Court
    District Court
    Case number
    DCDT7912/2001

    Claimants failed to prove ownership of the seized goods; the goods were in the apparent possession of the defendant and the distress was lawful under Section 87; therefore the claims of the identified claimants are dismissed, the bailiff may proceed to sell the goods, and plaintiff is awarded guarding fees and costs recoverable from the dismissed claimants jointly and severally.

  • 8 Mar 2002

    SILVERCORD LTD. v. WELL KINGDOM ENTERPRISE LTD. AND OTHERS

    Citation
    SILVERCORD LTD. v. WELL KINGDOM ENTERPRISE LTD. AND OTHERS
    Court
    District Court
    Case number
    DCDT7913/2001

    Claimants failed to prove ownership of seized goods: supplier sale‑or‑return arrangement was not credible and property had passed to defendant; C17's invoice did not outweigh evidence that the computer was used for defendant's business; shareholders' loan claims were contradicted by the company's auditor's report and lacked credibility. The bailiff's seizure was lawful under s87 and no s88 exception applied; therefore the interpleader claims were dismissed and bailiff given leave to sell.