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HCMP 2757/2005
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO. 2757 OF 2005
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IN THE MATTER of Order 85 Rule 2(1) of the Rules of High Court (Cap.4) and S.62 of the Trustee Ordinance |
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BETWEEN
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HILLHEAD LTD |
Plaintiff |
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and |
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SEAN ERIC MCLEAN HOTUNG |
1st Defendant |
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SHERIDAN PATRICIA HOTUNG SHEA |
2nd Defendant |
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GABRIELLE MARIE HOTUNG |
3rd Defendant |
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ANTHONY ERIC RYAN HOTUNG |
4th Defendant |
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HOTUNG ENTERPRISES LIMITED |
5th Defendant |
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HOTUNG INVESTMENT (CHINA) LIMITED |
6th Defendant |
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Before: Deputy High Court Judge Muttrie in Chambers
Dates of Hearing: 26 and 28 February 2007
Date of Ruling: 30 March 2007
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C O R R I G E N D U M
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1. All ‘EEC’ appears in the judgment, except stated otherwise below, should be changed to ‘EEH’.
2. All ‘HCL’ appears in the judgment, should be changed to ‘HEL’.
3. Paragraph 12, page 5, ‘…….when he had transferred his shares in HCL and HICL Hillhead,……..’ should be changed to ‘…….when he had transferred his shares in HEL and HICL to Hillhead,……..’; ‘…….Hillhead should only transfer the legal interest in those shares in the beneficiaries upon his death.’ should be read as ‘…….Hillhead should only transfer the legal interest in those shares to the beneficiaries upon his death.’
4. Paragraph 13, page 5, ‘Later, EEC asserted through solicitors that both the Trusts were irrevocable,………’ should be read as ‘Later, EEH asserted through solicitors that both the Trusts were revocable,………’; ‘…….., and that the trustees were not be concerned with and were relieved of all duties…………’ should be changed to ‘…….., and that the trustees were not to be concerned with and were relieved of all duties…………’
5. Paragraph 23, page 8, ‘According to Ms Wanda Tong, Hillhead does not enjoy the trust of confidence of the beneficiaries.’ should be changed to ‘According to Ms Wanda Tong, Hillhead does not enjoy the trust or confidence of the beneficiaries.’
6. Paragraph 31, page 11, ‘………, but it was EC’s responsibility as trustees………..’ should be changed to ‘………, but it was Hillhead’s responsibility as trustees………..’; ‘He said that whether the court ordered the EEC to hold the disputed share,…………’ should be changed to ‘He said that whether the court ordered the trustees to hold the disputed share,…………’
7. Paragraph 34, page 12, ‘………..uncooperative, and clear, unresponsive or in any way responsible for pushing to litigate the issue of who owns the shares disputed……….’ should be changed to ‘………..uncooperative, unclear, unresponsive or in any way responsible for pushing to litigate the issue of who owns the shares disputed……….’
8. Paragraph 37, page 13, ‘……….., by Anthony and Sean jointly and severally from that date the 31 March 2006, ………..’ should be changed to ‘……….., by Anthony and Sean jointly and severally from that date to the 31 March 2006, ………..’
9. Paragraph 45, page 15, ‘It was for this reason, and well as for the reason…….’ should be changed to ‘It was for this reason, as well as for the reason…….’
10. Paragraph 47, page 16, ‘………..to transfer the shares to the beneficiaries once the issues in HCA 751 were resolved………..’ should be changed to ‘………..to transfer the shares to the beneficiaries once the issues in HCA 571 were resolved………..’
Dated the 7th day of May 2007
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K. Chang
Clerk to Muttrie DHCJ |
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