26 Apr 2021
SECRETARY FOR JUSTICE for and on behalf of the DIRECTOR OF LEGAL AID 對 石夢
- Citation
- [2021] HKDC 446
- Court
- District Court
- Case number
- DCCJ415/2015
The Director's First Charge is a valid security interest but it only attaches to property that the aided person recovers or retains; failure by the plaintiff to notify the Official Receiver and to secure the charged funds resulted in the charged monies being distributed to the aided person and other creditors; failure to lodge a proof of debt does not automatically constitute surrender of the security, but where the charged property has been distributed and cannot be traced the plaintiff has no enforceable proprietary claim against the defendant personally; statutory exemptions (children's ma…