Estate of Wong v Commercial Factors Ltd - Order [2011] TOCA 10; AC 6 of 2011 (30 September 2011)

IN THE COURT OF APPEAL OF TONGA
CIVIL JURISDICTION
NUKU'ALOFA REGISTRY

APPEAL NO.AC 6 of 2011
[CV 115 of 2010]

BETWEEN:

1. THE EXECUTOR(S) (OR ALTERNATELY THE
ADMINISTRATOR) OF DR SAM LIN WANG
(a.k.a SAM LIN WONG) DECEASED

2. HELEN CHEN WANG
(a.k.a. HELEN CHEN WONG)
Appellants

AND :

COMMERCIAL FACTORS LIMITED
Respondent

Coram : Burchett J
Salmon J
Moore J

Counsel :Mrs P. Tupou for the Appellants
Mr Harrison SC QC for the Respondent
Mr Niu for the Intervenors Fund Management Ltd and Tourist Services Ha'apai Ltd
Mr Stephenson for the Intervenor Christine Uta'atu

Date of Hearing : 22 September 2011
Date of Judgment: 30 September 2011

THE COURT ORDERS:

1. We grant leave to Fund Management Ltd and Tourist Services Ha'apai Ltd and also to the receiver, Christine Uta'atu, to intervene in appeal AC 6 of 2011.
   
2. Until judgment is delivered in AC 6 of 2011, Christine Uta'atu be restrained from disposing of any proceeds held by her arising from the sale of the appellants' interest in lease 5404 and the related sale of buildings, fixtures and fittings (together "the Lease and related property").
   
3. Until judgment is delivered in AC 6 of 2011, Commercial Factors Limited be restrained from disposing of the proceeds of sale arising from any further sale of its interest in the Lease and related property.
   

Burchett J
Salmon J
Moore J