24 May 2010
S R LEE AND Y H CHOI V WASAN INTERNATIONAL CO LTD (IN LIQUIDATION) AND ORS HC AK CIV-2009-404-001857
- Citation
- openlaw-107e341a_b371_4845_b50f_1709072df56b.pdf
- Court
- High Court
The charging order was discharged because the judgment debtors did not have a beneficial interest in the trust funds (the funds were held on a Quistclose resulting trust for a third party and to meet specific costs), and a charging order cannot confer a greater interest than the judgment debtor possessed; further, the plaintiffs, being strangers to the original undertaking, could not invoke the Court's inherent jurisdiction to enforce that undertaking for their benefit.