Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Receiver's duties
  • 26 Oct 2001

    CHIM PUI CHUNG v. LAM SIU YUE PHILIP

    Citation
    CHIM PUI CHUNG v. LAM SIU YUE PHILIP
    Court
    Court of First Instance
    Case number
    HCA2312/2001

    The Statement of Claim disclosed no reasonable cause of action because the Appointment Order limited the receiver's duties to managing, selling by auction and paying net proceeds into court; equity imposed no duty on the receiver to investigate entitlement, seek directions, inform the court or notify bidders in the circumstances; Global Time's enforceable lien and the plaintiff's delay meant no loss would have occurred; the claim was frivolous, vexatious and an abuse of process.