14 Apr 2009
FUBON BANK (HONG KONG) LTD v. FIRST PRIME GROUP LTD AND OTHERS
- Citation
- FUBON BANK (HONG KONG) LTD v. FIRST PRIME GROUP LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP223/2009
The Registrar erred in making the garnishee orders absolute because there were triable issues as to competing proprietary/constructive trust claims by persons who deposited identifiable funds into the account; those claims could not be summarily defeated on the material before the Registrar. The Registrar also lacked jurisdiction to order security for costs in the manner imposed. Therefore the garnishee orders absolute and the security and costs orders must be set aside and the garnishee nisi restored, with the interlocutory injunction preserving the fund to remain in force.