NG YAT CHI AND ANOTHER v. CHINA RESOURCES (HOLDINGS) CO LTD AND OTHERS

NG YAT CHI AND ANOTHER v. CHINA RESOURCES (HOLDINGS) CO LTD AND OTHERS

The Registrar held that the costs order made by Cheung J, with the amount ascertained, constituted a final order for the purpose of a charging order and, because the judgment remained valid and unsatisfied and had not been stayed, the charging order nisi should be made absolute to enforce payment of the taxed costs.

Citation
NG YAT CHI AND ANOTHER v. CHINA RESOURCES (HOLDINGS) CO LTD AND OTHERS
Parties
1st Plaintiff: Ng Yat Chi; 2nd Plaintiff: Choy Bing Wing; 1st Defendant: China Resources (Holdings) Company Limited; 2nd Defendant: Max Share Limited; 3rd Defendant: China Resources Enterprises Limited; 4th Defendant: Securities and Futures Commission
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 August 2006
Case Number
HCA424/2005
Procedural Posture
Civil Enforcement of Costs Judgment / Charging Order / Application to Make Charging Order Nisi Absolute in Chambers After Taxation and Costs Assessment Directions
Outcome
Application granted; charging order nisi made absolute; costs to be borne by 2nd Plaintiff and assessed by Registrar with directions
Legal Topics
Charging Order, Costs Assessment, Final Vs Interlocutory Judgment, Stay of Execution
Source Language
EN
Civil Procedure Enforcement of Judgments Costs Appeals Charging Order Costs Assessment Final Vs Interlocutory Judgment Stay of Execution

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Parties

Ng Yat Chi

1st Plaintiff

Choy Bing Wing

2nd Plaintiff

China Resources (Holdings) Company Limited

1st Defendant

Max Share Limited

2nd Defendant

China Resources Enterprises Limited

3rd Defendant

Securities and Futures Commission

4th Defendant

Procedural Posture

Civil Enforcement of Costs Judgment / Charging Order / Application to Make Charging Order Nisi Absolute in Chambers After Taxation and Costs Assessment Directions

Legal Issues

  1. 1 Whether a charging order can be made where the underlying costs order was subject to appeal
  2. 2 Whether the costs order at issue constituted a ‘final judgment or order’ for the purpose of a charging order
  3. 3 Whether a pending appeal prevents enforcement absent a stay

Ratio Decidendi

The Registrar held that the costs order made by Cheung J, with the amount ascertained, constituted a final order for the purpose of a charging order and, because the judgment remained valid and unsatisfied and had not been stayed, the charging order nisi should be made absolute to enforce payment of the taxed costs.

Court Disposition

Application granted; charging order nisi made absolute; costs to be borne by 2nd Plaintiff and assessed by Registrar with directions

Orders

  • This order shall become absolute 14 days after the date of this Judgment unless a written application to vary is made within that 14 days