Restitution Discussion Group Archives
| Sender: |
Lionel Smith |
| Date: |
Thu, 24 May 2001 11:28:23 -0400 |
| Re: |
Hong Kong Barbers |
RDG members may remember a discussion in March 2000,
which Arianna Pretto initiated by noting that s 85(2) of the HK Securities
Ordinance provides that a disposition of client money by a broker is "void
ab initio" which raised the question whether this denied a recipient (eg
a grocer) any defence of bona fide purchase without notice.
This has developed into a fascinating article by Arianna
and Bernard Rudden, "Trust in money and money in trust: brokers, barbers
and Hong Kong oddities" [2001] LMCLQ 157 (the grocer having been turned
into a barber).
In other news, I mentioned in a posting of 30 Jan that
the former speaker of the Alberta legislature was suing the crown in right
of Alberta for meeting the legal costs of a defamation settlement by a
former provincial politician out of an insurance programme, the argument
being that the question whether to pay was one for the legislature and
not the executive. This "Auckland Harbour Board" claim has now been dismissed
(18 May), presumably struck out on the pleadings. There may be an appeal.
Lionel
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