13 Dec 2017
CHU WAI TUNG v. WONG KA SEK AND ANOTHER
- Citation
- CHU WAI TUNG v. WONG KA SEK AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCB4839/2016
Leave to appeal dismissed because the post-hearing Resolution constituted fresh evidence created after the hearing and did not satisfy Ladd v Marshall (no reasonable diligence and no bearing on the position at the date of the bankruptcy order), the relevant legal test is the status of interests at the date of the bankruptcy order (16 Aug 2016) when the bankrupt's property vested in the trustee under BO ss 12 and 58, and objective construction of the Living Trust Agreement under Hong Kong law shows no present beneficial interest in the Son at that date so there is no reasonable prospect of suc…