15 Nov 1993
THE BANK OF NEW YORK v. ADRIENNE MARSH LEFKOWITZ
- Citation
- THE BANK OF NEW YORK v. ADRIENNE MARSH LEFKOWITZ
- Court
- Court of First Instance
- Case number
- HCAP5/1991
On the facts the court exercised its discretion under s.36 to permit transfer of US$4.7m to the US administrators: the transfer did not infringe s.42 because the Hong Kong administration remained under officers appointed by and under control of the Hong Kong court and did not enable the plaintiff to act as Hong Kong executor; it did not constitute prohibited distribution under s.40(2) because it was a reasonable transfer to further administration abroad while leaving sufficient funds in Hong Kong to protect the defendant's claims; the application was not premature given the state of administr…