30 Dec 2020
WINLAND MORTGAGE LTD AND OTHERS v. STAR RAINBOW INVESTMENTS LTD
- Citation
- [2020] HKCFI 3163
- Court
- Court of First Instance
- Case number
- HCA1509/2015
Plaintiffs lacked standing to recover the HK$4.55m because Winland had reassigned and released rights in the sale proceeds on completion and no cause of action vested in Winland, the receivers or liquidators in their own right; application to join or substitute LBL was denied because s35 Limitation protections and the conditions for joinder were not satisfied; defendant proved a collateral agreement with Winland and the receivers authorizing deduction of the sum on completion even absent a lease; unjust enrichment, estoppel and trust claims failed. Consequently plaintiffs' claim dismissed and…