RE 深圳前海东方瑞宸基金管理有限公司

RE 深圳前海东方瑞宸基金管理有限公司

The Second Instance Judgment falls within s.6(1)(c) as a judgment of second instance given by a designated court other than a recognized Primary People's Court and is therefore 'final and conclusive' for the purpose of s.5(2)(c); consequently Lam's application to set aside the Registration Order under s.18 fails and the registration must stand.

Citation
[2025] HKCFI 707
Parties
Judgment Creditor: ORC Capital; Judgment Debtor: Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 February 2025
Case Number
HCMP437/2023
Procedural Posture
Registration of Mainland Judgment Under Mainland Judgments (reciprocal Enforcement) Ordinance; Application to Set Aside Registration / Hearing and Determination of Application to Set Aside Registration Order (miscellaneous Proceedings HCMP 437/2023)
Outcome
Application to set aside the Registration Order dismissed; Registration Order to remain in force.
Legal Topics
Registration of Mainland Judgments, Finality and Conclusiveness of Judgments, Setting Aside Registration, People's Procuratorate Protest/review, Costs
Source Language
EN
Civil Procedure Enforcement of Foreign Judgments Private International Law Statutory Interpretation Registration of Mainland Judgments Finality and Conclusiveness of Judgments Setting Aside Registration People's Procuratorate Protest/review +1 more

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Parties

ORC Capital

Judgment Creditor

Lam

Judgment Debtor

Procedural Posture

Registration of Mainland Judgment Under Mainland Judgments (reciprocal Enforcement) Ordinance; Application to Set Aside Registration / Hearing and Determination of Application to Set Aside Registration Order (miscellaneous Proceedings HCMP 437/2023)

Legal Issues

  1. 1 Whether the two Mainland judgments are 'final and conclusive' for the purposes of s.5(2)(c) of the Mainland Judgments (Reciprocal Enforcement) Ordinance
  2. 2 Whether the Registration Order should be set aside under s.18 of the Ordinance
  3. 3 Whether evidence and expert opinion on Mainland law and common law authorities on finality are relevant when the Ordinance provides statutory categories of finality

Ratio Decidendi

The Second Instance Judgment falls within s.6(1)(c) as a judgment of second instance given by a designated court other than a recognized Primary People's Court and is therefore 'final and conclusive' for the purpose of s.5(2)(c); consequently Lam's application to set aside the Registration Order under s.18 fails and the registration must stand.

Court Disposition

Application to set aside the Registration Order dismissed; Registration Order to remain in force.

Orders

  • Application dismissed with costs to ORC Capital on a nisi basis to be made absolute within 14 days
  • ORC Capital to lodge its Statement of Costs within 7 days