CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS

CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS

The court exercised its discretion to consider the appeal despite late filing, noted no prejudice to defendants and the absence of a stay; it held that charging all five high-value properties to secure a debt of about $300,000 was disproportionate and unnecessary, and therefore limited the Charging Order Absolute to the shop at Tak Lee Building while discharging charges over the remaining four properties; costs of the appeal were ordered to be nisi with no order as to costs overall.

Citation
CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS
Parties
Plaintiff (appellant): Choy Bing Wing; 1st Defendant (1st Respondent): The Chief Justice, Judiciary of Hong Kong Special Administrative Region; 2nd Defendant (2nd Respondent): Kelvin A. Browne, A Magistrate of the Judiciary of Hong Kong Special Administrative Region; 3rd Defendant (3rd Respondent): Commission of Police, Police Force of Hong Kong Special Administrative Region; 4th Defendant (4th Respondent): Sergeant Wong No.12333, Central Police Station, Police Force of Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 January 2008
Case Number
HCA125/2005
Procedural Posture
Appeal Against Charging Order Following Taxation of Costs / Chambers Hearing on Extension of Time and Appeal Against Master\'s Charging Order Absolute
Outcome
Appeal allowed in part; Charging Order Absolute limited to the shop property at Tak Lee Building and discharged as to the other four properties; extension of time effectively granted to entertain the appeal; no order as to costs (order nisi).
Legal Topics
Charging Order, Extension of Time to Appeal, Taxation of Costs, Security for Judgment Debt, Enforcement Against Land
Source Language
EN
Civil Procedure Enforcement Property Law Costs Charging Order Extension of Time to Appeal Taxation of Costs Security for Judgment Debt +1 more

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Parties

Choy Bing Wing

Plaintiff (appellant)

The Chief Justice, Judiciary of Hong Kong Special Administrative Region

1st Defendant (1st Respondent)

Kelvin A. Browne, A Magistrate of the Judiciary of Hong Kong Special Administrative Region

2nd Defendant (2nd Respondent)

Commission of Police, Police Force of Hong Kong Special Administrative Region

3rd Defendant (3rd Respondent)

Sergeant Wong No.12333, Central Police Station, Police Force of Hong Kong Special Administrative Region

4th Defendant (4th Respondent)

Procedural Posture

Appeal Against Charging Order Following Taxation of Costs / Chambers Hearing on Extension of Time and Appeal Against Master\'s Charging Order Absolute

Legal Issues

  1. 1 Whether the notice of appeal filed out of time should be granted extension of time
  2. 2 Whether an existing appeal (CACV286/2005) operated as a stay on enforcement of the judgment
  3. 3 Whether a Charging Order Absolute should attach to five properties or be limited to particular property/properties

Ratio Decidendi

The court exercised its discretion to consider the appeal despite late filing, noted no prejudice to defendants and the absence of a stay; it held that charging all five high-value properties to secure a debt of about $300,000 was disproportionate and unnecessary, and therefore limited the Charging Order Absolute to the shop at Tak Lee Building while discharging charges over the remaining four properties; costs of the appeal were ordered to be nisi with no order as to costs overall.

Court Disposition

Appeal allowed in part; Charging Order Absolute limited to the shop property at Tak Lee Building and discharged as to the other four properties; extension of time effectively granted to entertain the appeal; no order as to costs (order nisi).

Orders

  • Extension of time for filing the notice of appeal accepted and appeal heard
  • Charging Order Absolute to remain only against the ground floor shop at Tak Lee Building (Tak Lee Building shop)