15 Oct 2003
STARYORK INVESTMENT LTD v. CHEUNG CHI KEUNG t/a OI TAK OLD PEOPLE\'S HOME
- Citation
- STARYORK INVESTMENT LTD v. CHEUNG CHI KEUNG t/a OI TAK OLD PEOPLE\'S HOME
- Court
- Court of First Instance
- Case number
- HCA2176/2003
Interpleader was refused because a valid subsisting judgment (Deputy Judge To in HCMP 2242) had declared the Wa Lee mortgage, rent assignment and notice void so Wa Lee had no present enforceable claim to the rent; an appeal does not suspend that effect absent a court direction; Wa Lee therefore lacked a prima facie claim against the tenant; furthermore the tenant engaged in conduct amounting to collusion and unduly delayed seeking interpleader relief, so the discretionary relief was refused.