Song Fu Hsiung v. Wong Lai Kwan and Another

DCCJ 4273/2011

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 4273 OF 2011

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BETWEEN

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DECISION

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1.This is the Defendant’s application under Order 17 for an interpleader relief basically asking to be allowed to stay out of the proceedings and have the Defendant of these proceedings to be substituted by the Claimant.

2.The Plaintiff in this case alleges that he has been deceived into paying an amount of approximately USD96,600 to an account and the sum was eventually transferred to the Defendant’s account.  The subject account has been freezed by the police and also subject to a Mareva injunction in these proceedings applied for by the Plaintiff.

3.The Claimant, on the other hand, maintained that the Defendant received the amount as agent for the goods he has sold to a purchaser in the PRC.  He asks that the sum be paid over to him.

4.This is a classic case for interpleader applications.  The Defendant has in her custody a sum of money facing different claims from two parties.  The Defendant does not claim any interest in the money.  As indicated by Miss Kei, counsel for the Plaintiff, the sole ground for objecting to the Defendant’s application is that the Defendant has collusion with others in this matter and is not an impartial party.  However, Miss Kei cannot refer to me any evidence or even allegation in the Plaintiff’s case pointing to any collusion on the part of the Defendant.  The only involvement of the Defendant in this matter is the receipt of the subject amount.  The cause of action of the Plaintiff is based on restitution, that is, the mere fact that the Defendant had received the money.  I can see nothing in the present case showing any collusion on the part of the Defendant. 

5.In the premises, I am satisfied that this is an appropriate case for an interpleader relief.

Miss Carmen Kei instructed by Messrs Cheung & Liu, for the Plaintiff.

Mr Alexander Tang instructed by Messrs Au & Vrijmoed, for the Defendant.

Mr R. Leung of Messrs Sit, Fung, Kwong & Shun, for the Claimant.