ATTORNEY GENERAL v. CHEUNG WAH CHING

ATTORNEY GENERAL v. CHEUNG WAH CHING

Section 22(3) makes surcharges recoverable as judgment debt pari passu with rates; the statutory surcharges are flat sums calculated by reference to amounts overdue and do not constitute interest. Therefore the District Court retains jurisdiction under section 49 to award further interest on those judgment debts; the court awarded 8% per annum from date of writ to date of judgment.

Citation
ATTORNEY GENERAL v. CHEUNG WAH CHING
Parties
Plaintiff/respondent: Attorney General; Defendant/appellant: Cheung Wah Ching; Defendant/appellant: First Metre International Investment Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 March 1985
Case Number
DCCJ14873/1984
Procedural Posture
Rates Recovery Under the Rating Ordinance / Consolidated Application for District Judge Ruling on Whether Statutory Surcharges Preclude Award of Interest (ex Tempore Ruling)
Outcome
Ruling for Plaintiff (Attorney General): District Court may award interest on surcharges which are judgment debt.
Legal Topics
Surcharge Under Rating Ordinance Section 22, Interest on Judgment Debt Under District Court Ordinance Section 49, Construction of Statutory Surcharge Versus Interest, Pre Judgment Interest
Source Language
EN
Tax Law Property Law Civil Procedure Surcharge Under Rating Ordinance Section 22 Interest on Judgment Debt Under District Court Ordinance Section 49 Construction of Statutory Surcharge Versus Interest Pre Judgment Interest

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Parties

Attorney General

Plaintiff/respondent

Cheung Wah Ching

Defendant/appellant

First Metre International Investment Company Limited

Defendant/appellant

Procedural Posture

Rates Recovery Under the Rating Ordinance / Consolidated Application for District Judge Ruling on Whether Statutory Surcharges Preclude Award of Interest (ex Tempore Ruling)

Legal Issues

  1. 1 Whether surcharges under section 22(2) and 22(2A) of the Rating Ordinance constitute interest and thereby preclude the District Court from awarding further interest under section 49 of the District Court Ordinance

Ratio Decidendi

Section 22(3) makes surcharges recoverable as judgment debt pari passu with rates; the statutory surcharges are flat sums calculated by reference to amounts overdue and do not constitute interest. Therefore the District Court retains jurisdiction under section 49 to award further interest on those judgment debts; the court awarded 8% per annum from date of writ to date of judgment.

Court Disposition

Ruling for Plaintiff (Attorney General): District Court may award interest on surcharges which are judgment debt.

Orders

  • Award interest at 8% per annum under section 49 of the District Court Ordinance from date of writ to date of judgment.
  • No order as to costs.