Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Partnership characterisation
  • 3 May 1978

    U.D.I. (H.K.) LTD v. FANTANA LTD

    Citation
    U.D.I. (H.K.) LTD v. FANTANA LTD
    Court
    Court of First Instance
    Case number
    HCCW19/1976

    The court held that on the facts the arrangement was an advance/loan secured by identifiable jewellery evidenced by trust receipts and not a partnership; the trust receipts were not 'bills of sale' within the Bills of Sale Ordinance because they were documents used in the ordinary course of business and were executed to record the applicant's equitable rights (and, on the evidence, executed prior to deposit), therefore the jewellery listed in AD-8 was held on trust for the applicant and must be declared the applicant's property; Partnership Ordinance provisions did not convert the applicant i…