YU YEE FUNG AND ANOTHER v. CLEVER BRILLIANT LTD AND ANOTHER

YU YEE FUNG AND ANOTHER v. CLEVER BRILLIANT LTD AND ANOTHER

Because a Mareva injunction was in place restraining the disposal of the garnisheed funds, the Court must be satisfied of a proper basis before making the Garnishee Order Nisi absolute; accordingly the application was adjourned to permit the Judgment Creditor to make detailed submissions, while excusing the 1st...

Source-derived case information.

Citation
[2018] HKCFI 2650
Parties
Judgment Creditor: YU YEE FUNG; Judgment Creditor: MAN KAM TONG; Judgment Debtor: CLEVER BRILLIANT LIMITED; 2nd Defendant: FAN PUI WAN MARGARET; Garnishee: BANK OF CHINA (HONG KONG) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 November 2018
Case Number
HCA417/2018
Procedural Posture
Garnishee/enforcement Proceedings / Adjournment of Application to Make Garnishee Order Nisi Absolute Pending Submissions in Light of Existing Mareva Injunction
Outcome
Application adjourned; 1st Defendant's solicitor excused from attendance; costs reserved.
Legal Topics
Mareva Injunction, Garnishee Order, Adjournment, Costs
Source Language
en
Civil Procedure Enforcement Injunctions Garnishment Mareva Injunction Garnishee Order Adjournment Costs

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Parties

YU YEE FUNG

Judgment Creditor

MAN KAM TONG

Judgment Creditor

CLEVER BRILLIANT LIMITED

Judgment Debtor

FAN PUI WAN MARGARET

2nd Defendant

BANK OF CHINA (HONG KONG) LIMITED

Garnishee

Procedural Posture

Garnishee/enforcement Proceedings / Adjournment of Application to Make Garnishee Order Nisi Absolute Pending Submissions in Light of Existing Mareva Injunction

Legal Issues

  1. 1 Whether the Court can make the Garnishee Order Nisi absolute where a Mareva injunction restraining disposal of the garnisheed funds is in force
  2. 2 Whether the 1st Defendant's solicitor should be excused from attending the adjourned hearing
  3. 3 Whether costs should be determined at this hearing

Ratio Decidendi

Because a Mareva injunction was in place restraining the disposal of the garnisheed funds, the Court must be satisfied of a proper basis before making the Garnishee Order Nisi absolute; accordingly the application was adjourned to permit the Judgment Creditor to make detailed submissions, while excusing the 1st Defendant's solicitor from attendance and reserving costs.

Court Disposition

Application adjourned; 1st Defendant's solicitor excused from attendance; costs reserved.

Orders

  • Application adjourned to a date to be fixed with 30 minutes reserved for the Judgment Creditor to make detailed submissions
  • The attendance of the 1st Defendant's solicitor at the adjourned hearing is excused