KONG KWAI WING v. NG SI CHUP and Others

KONG KWAI WING v. NG SI CHUP and Others

The adjournment of the show-cause hearing did not discharge the charging order nisi; accordingly Chow and Lee's charging order (made absolute 1 October 1996 and effective from 6 June 1996) had priority over Kong's charge; there was no waiver, election or estoppel by convention; Kong's summons to discharge Chow and Lee's priority is dismissed and Master Kwan's order is set aside in favour of Chow and Lee's priority and costs.

Citation
KONG KWAI WING v. NG SI CHUP and Others
Parties
Plaintiff / Applicant: KONG KWAI WING; 1st Defendant / Co Owner: LI TAK FAN; 1st Defendant / Judgment Debtor: NG SI CHUP; 2nd Defendant / Plaintiff: CHOW MAN LI; 2nd Defendant / Plaintiff: LEE CHI SING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 1998
Case Number
HCA11701/1995
Procedural Posture
Charging Order Priority Dispute (sale of Jointly Owned Property) / Judgment (court of First Instance, in Chambers)
Outcome
Appeal by Chow and Lee allowed; Kong's summons to discharge Chow and Lee's priority dismissed.
Legal Topics
Charging Order, Priority of Charges, Sale of Jointly Owned Property, Estoppel by Convention, Set Aside Judgment, Costs
Source Language
EN
Property Law Civil Procedure Enforcement of Judgment Equity Charging Order Priority of Charges Sale of Jointly Owned Property Estoppel by Convention +2 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 2 Party arguments 2 Amounts and remedies 3
Sign in to unlock

Parties

KONG KWAI WING

Plaintiff / Applicant

LI TAK FAN

1st Defendant / Co Owner

NG SI CHUP

1st Defendant / Judgment Debtor

CHOW MAN LI

2nd Defendant / Plaintiff

LEE CHI SING

2nd Defendant / Plaintiff

Procedural Posture

Charging Order Priority Dispute (sale of Jointly Owned Property) / Judgment (court of First Instance, in Chambers)

Legal Issues

  1. 1 Whether a charging order nisi lapsed or was discharged by adjournment
  2. 2 Which charging order had priority over proceeds of sale
  3. 3 Whether estoppel, election or waiver arose from solicitors' correspondence or conduct

Ratio Decidendi

The adjournment of the show-cause hearing did not discharge the charging order nisi; accordingly Chow and Lee's charging order (made absolute 1 October 1996 and effective from 6 June 1996) had priority over Kong's charge; there was no waiver, election or estoppel by convention; Kong's summons to discharge Chow and Lee's priority is dismissed and Master Kwan's order is set aside in favour of Chow and Lee's priority and costs.

Court Disposition

Appeal by Chow and Lee allowed; Kong's summons to discharge Chow and Lee's priority dismissed.

Orders

  • Kong's summons to discharge Chow and Lee's priority charging order dismissed with costs to Chow and Lee
  • Appeal by Chow and Lee against Master Kwan's order allowed with costs to Chow and Lee here and below, including costs of application to be joined in MP No. 3206 and consequential costs