T.D. Bank vs Tang file no. 453/13
Date: Jan 13/ 16
The defendants have appeared and take a strong position that the action of the plaintiff have been wrongful. They ask that not only the surplus funds be paid into court, but all the money received from the sale be paid into court. The execution creditors, for their part, claim that no money should be paid in, rather, they should be paid their pro rata share of the funds immediately.
In my view, the fairest deposition is to require the funds to be paid into court. If the defendants have a claim, they can asset it (together with any additional claim they may make in another proceeding if as advised ) on any motion to pay out the funds.
Order to issue as signed by me. The cross motion is adjourned
Justice Gray
Attached please find a copy of the endorsement作者: 遥望王师又一年 时间: 2016-1-14 14:26 本帖最后由 遥望王师又一年 于 2016-1-14 14:29 编辑