TO CHUN WA AND ANOTHER v. GOLDSORT CO LTD AND OTHERS

TO CHUN WA AND ANOTHER v. GOLDSORT CO LTD AND OTHERS

The charging order nisi was made absolute because the plaintiffs failed to establish any legally cognizable entitlement to the company's rental income or any real issue as to beneficial ownership of the charged Taikoo Shing property; the alleged setoff was without legal foundation and late valuation evidence was inadmissible, and the plaintiffs made no proposal to pay the judgment debt.

Citation
TO CHUN WA AND ANOTHER v. GOLDSORT CO LTD AND OTHERS
Parties
1st Plaintiff: To Chun Wa; 2nd Plaintiff: Li Tang Fai; 1st Defendant: Goldsort Co Ltd; 2nd Defendant: Ma Kwan; 3rd Defendant: Wong Kwan; 4th Defendant: Yik Ping
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 May 2012
Case Number
HCMP563/2011
Procedural Posture
High Court Miscellaneous Proceedings Enforcement of Judgment (charging Order) / Application to Make Charging Order Nisi Absolute Following Summary Assessment of Costs
Outcome
Charging order nisi made absolute in favour of the defendants
Legal Topics
Charging Order, Set Off, Separate Legal Entity, Beneficial Ownership, Costs Assessment
Source Language
EN
Company Law Civil Procedure Enforcement Property Law Charging Order Set Off Separate Legal Entity Beneficial Ownership +1 more

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Parties

To Chun Wa

1st Plaintiff

Li Tang Fai

2nd Plaintiff

Goldsort Co Ltd

1st Defendant

Ma Kwan

2nd Defendant

Wong Kwan

3rd Defendant

Yik Ping

4th Defendant

Procedural Posture

High Court Miscellaneous Proceedings Enforcement of Judgment (charging Order) / Application to Make Charging Order Nisi Absolute Following Summary Assessment of Costs

Legal Issues

  1. 1 Whether the plaintiffs can set off the judgment debt by claiming entitlement to rental income of the 1st defendant company
  2. 2 Whether there is a real issue to be tried as to beneficial ownership of the Taikoo Shing property sufficient to resist making the charging order absolute
  3. 3 Whether late evidence of the property value should be admitted

Ratio Decidendi

The charging order nisi was made absolute because the plaintiffs failed to establish any legally cognizable entitlement to the company's rental income or any real issue as to beneficial ownership of the charged Taikoo Shing property; the alleged setoff was without legal foundation and late valuation evidence was inadmissible, and the plaintiffs made no proposal to pay the judgment debt.

Court Disposition

Charging order nisi made absolute in favour of the defendants

Orders

  • Charging order made absolute in respect of Flat C, 3rd Floor, Oak Mansion, Harbour View Gardens, 20 Taikoo Wan Road, Taikoo Shing, Hong Kong
  • Costs of the application to be assessed on a gross basis in the usual manner for a charging order absolute