KUNG WEI YEE, JACKY v. KUNG WAI FOR, DANNY AND ANOTHER

HCMP 1217/2002

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO. 1217 OF 2002

____________

____________

_______________

D E C I S I O N

_______________

1. This is an application by way of originating summons in effect for a declaration that the Defendants hold part of the suit property (a domestic unit at Laguna Verde) on trust for the Plaintiff. The application was issued on 2 April 2002. The Plaintiff is the 1st Defendant's sister. The Defendants are husband and wife. This application is not contested by the Defendants.

2. According to the Plaintiff's affirmation dated 27 March 2002, the suit property was sold by the Defendants (as the registered owners) on 29 January 2002. At the hearing on 2 May 2002, in discharge of his duty to court, counsel fairly informed the court that the purchase price of the sale of the property was paid into court by the 1st Defendant in HCA No. 10399 of 2000. It was also made known that the payment into court was made as a result of a Mareva injunction order made in that action against the 1st Defendant.

3. The hearing on 2 May 2002 was adjourned to enable the court to peruse the court documents in HCA No. 10399 of 2000. From the court record of that action, it appears that at an inter partes hearing on 25 February 2002, the Plaintiff therein applied for, and was granted, a Mareva injunction order on the ground (among other things) that there was a real risk of dissipation of property by the 1st Defendant. One of the matters relied upon by the Plaintiff therein was the 1st Defendant's sale of a property in Laguna Verde. Whether that property is the same as the suit property herein is now unknown.

4. In these circumstances, it is possible that the Plaintiff therein may be concerned with this application. I therefore order that this application be adjourned to a date to be fixed and direct that all relevant court documents (including this decision) be served on the Plaintiff therein not less than 7 days before the adjourned hearing. It is up to the Plaintiff in that action to decide whether it wants to appear herein to oppose this application as an intervener.