CHOY BING WING v. DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HKSAR

CHOY BING WING v. DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HKSAR

The debtor's conditional cheque did not discharge the costs orders; the affirmation in support of the charging order nisi adequately disclosed the properties and amounts; withdrawal of the earlier bankruptcy petition did not prevent enforcement of the subsequent costs order made on withdrawal; on those bases a charging order absolute was warranted for the First Property, the nisi as to the Second Property was discharged, and costs of the application were awarded and summarily assessed at HKD 34,000; indemnity costs were not ordered.

Citation
CHOY BING WING v. DIRECTOR OF HOUSING DEPARTMENT OF THE GOVERNMENT OF THE HKSAR
Parties
Judgment Debtor: CHOY BING WING; Judgment Creditor: Director of Housing Department of the Government of the Hong Kong Special Administrative Region
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
12 December 2013
Case Number
HCB12343/2009
Procedural Posture
Bankruptcy Proceedings / Hearing on Application for Charging Order Absolute (post Nisi)
Outcome
Charging order absolute granted in respect of the First Property; charging order nisi discharged in respect of the Second Property; costs awarded to the judgment creditor assessed at HKD 34,000 payable forthwith; indemnity costs refused.
Legal Topics
Charging Order, Enforcement of Costs Orders, Recusal, Disclosure Obligations, Summary Assessment of Costs
Source Language
EN
Bankruptcy Civil Procedure Property Law Costs Charging Order Enforcement of Costs Orders Recusal Disclosure Obligations +1 more

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Parties

CHOY BING WING

Judgment Debtor

Director of Housing Department of the Government of the Hong Kong Special Administrative Region

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings / Hearing on Application for Charging Order Absolute (post Nisi)

Legal Issues

  1. 1 Whether a charging order absolute should be made against the First Property
  2. 2 Whether the charging order nisi in respect of the Second Property should be discharged
  3. 3 Whether the debtor's conditional cheque constituted payment of the costs orders

Ratio Decidendi

The debtor's conditional cheque did not discharge the costs orders; the affirmation in support of the charging order nisi adequately disclosed the properties and amounts; withdrawal of the earlier bankruptcy petition did not prevent enforcement of the subsequent costs order made on withdrawal; on those bases a charging order absolute was warranted for the First Property, the nisi as to the Second Property was discharged, and costs of the application were awarded and summarily assessed at HKD 34,000; indemnity costs were not ordered.

Court Disposition

Charging order absolute granted in respect of the First Property; charging order nisi discharged in respect of the Second Property; costs awarded to the judgment creditor assessed at HKD 34,000 payable forthwith; indemnity costs refused.

Orders

  • Charging order absolute granted in respect of the First Property (35/850th shares in Remaining Portions of Inland Lots specified)
  • Charging order nisi discharged in respect of the Second Property (14/2,000th shares in New Kowloon Inland Lot No 5603)