THE TAI YANG HE

THE TAI YANG HE

Default judgment was properly entered for the plaintiff in the second action and the court may order payment out of funds on deposit to satisfy competing judgments and costs; a pending notice of appeal does not prevent payment out absent a stay application, and the court may apply remaining funds as part payment of costs of failed applications before final taxation.

Citation
THE TAI YANG HE
Parties
Plaintiff (hcaj199/2000): ELF LUBRICANTS HONG KONG LTD; Plaintiff (hcaj322/1998): THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL TAI YANG HE; Defendant (hcaj199/2000): THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL HAI NAN NO.1 AND THE OWNERS OF THE SHIPS OR VESSELS HE FA; Defendant (hcaj322/1998): THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL TAI YANG HE AND THE FOUR OTHER SHIPS OR VESSELS LISTED IN THE SCHEDULE; Applicant/defendant; Owner Challenging Security: MR YANG JING BO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2001
Case Number
HCAJ322/1998
Procedural Posture
Admiralty Action in Rem / Application for Default Judgment and for Payment Out of Funds; Judgment Delivered on 11 December 2001
Outcome
Default judgment entered for plaintiff in HCAJ199/2000; payment out of funds ordered to satisfy judgments and costs as specified; remaining balance ordered paid to plaintiffs' solicitors as part payment of costs of failed applications.
Legal Topics
Arrest of Vessel, Security for Judgment, Payment Out of Funds in Court, Costs Assessment and Taxation, Default Judgment, Effect of Notice of Appeal on Execution
Source Language
EN
Admiralty Maritime Law Civil Procedure Enforcement Arrest of Vessel Security for Judgment Payment Out of Funds in Court Costs Assessment and Taxation +2 more

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Parties

ELF LUBRICANTS HONG KONG LTD

Plaintiff (hcaj199/2000)

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL TAI YANG HE

Plaintiff (hcaj322/1998)

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL HAI NAN NO.1 AND THE OWNERS OF THE SHIPS OR VESSELS HE FA

Defendant (hcaj199/2000)

THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL TAI YANG HE AND THE FOUR OTHER SHIPS OR VESSELS LISTED IN THE SCHEDULE

Defendant (hcaj322/1998)

MR YANG JING BO

Applicant/defendant; Owner Challenging Security

Procedural Posture

Admiralty Action in Rem / Application for Default Judgment and for Payment Out of Funds; Judgment Delivered on 11 December 2001

Legal Issues

  1. 1 Whether default judgment should be entered in HCAJ199/2000
  2. 2 How funds paid into court should be apportioned between competing judgments and costs
  3. 3 Whether part payment of costs of failed applications can be ordered from funds on deposit before taxation

Ratio Decidendi

Default judgment was properly entered for the plaintiff in the second action and the court may order payment out of funds on deposit to satisfy competing judgments and costs; a pending notice of appeal does not prevent payment out absent a stay application, and the court may apply remaining funds as part payment of costs of failed applications before final taxation.

Court Disposition

Default judgment entered for plaintiff in HCAJ199/2000; payment out of funds ordered to satisfy judgments and costs as specified; remaining balance ordered paid to plaintiffs' solicitors as part payment of costs of failed applications.

Orders

  • Judgment for plaintiff in HCAJ199/2000 in the sum of US$40,751.36 inclusive of interest to 11 December 2001
  • Costs of the second action and application assessed (gross) at HK$50,000