RE LAM LAM

RE LAM LAM

Order 45 rule 16 operates to effect an automatic set-off between cross-judgments so no special circumstances under Order 47 rule 1(a) arose to prevent execution; accordingly the appeals against Master Woolley were dismissed, leave to appeal out of time was refused and costs were awarded to the Bank.

Citation
RE LAM LAM
Parties
Judgment Debtor: Lam Lam; Judgment Creditor: Bank of China (Hong Kong) Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 December 2003
Case Number
HCB14221/2002
Procedural Posture
Bankruptcy Proceedings and Civil Appeal (hcb 14221/2002; CACV 396/2002) / Judgment on Appeals (heard Together); Decision on Stay and Leave to Appeal Out of Time
Outcome
Appeals dismissed; leave to appeal out of time refused; the Bank of China awarded costs.
Legal Topics
Order 47 Rule 1 (stay of Execution), Order 45 Rule 16 (cross Judgment Set Off), Stay of Execution of Writs of Fieri Facias, Leave to Appeal Out of Time, Discretion to Set Off
Source Language
EN
Civil Procedure Bankruptcy Law Execution (fieri Facias) Costs Law Set Off Order 47 Rule 1 (stay of Execution) Order 45 Rule 16 (cross Judgment Set Off) Stay of Execution of Writs of Fieri Facias +2 more

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Parties

Lam Lam

Judgment Debtor

Bank of China (Hong Kong) Limited

Judgment Creditor

Procedural Posture

Bankruptcy Proceedings and Civil Appeal (hcb 14221/2002; CACV 396/2002) / Judgment on Appeals (heard Together); Decision on Stay and Leave to Appeal Out of Time

Legal Issues

  1. 1 Whether Order 45 rule 16 permits automatic set-off between cross-judgments
  2. 2 Whether special circumstances exist under Order 47 rule 1(a) to stay execution
  3. 3 Whether the court retains a discretion to refuse set-off and, if so, whether it should be exercised

Ratio Decidendi

Order 45 rule 16 operates to effect an automatic set-off between cross-judgments so no special circumstances under Order 47 rule 1(a) arose to prevent execution; accordingly the appeals against Master Woolley were dismissed, leave to appeal out of time was refused and costs were awarded to the Bank.

Court Disposition

Appeals dismissed; leave to appeal out of time refused; the Bank of China awarded costs.

Orders

  • Dismissed the appeals against Master Woolley dated 7 November 2003
  • Refused leave for Lam Lam to appeal out of time in relation to set-off of costs