SECRETARY FOR JUSTICE v. WOO TAK YAN

SECRETARY FOR JUSTICE v. WOO TAK YAN

On the balance of probabilities the appellant did not prove payment of the Subject Award before the proceedings; the bank withdrawal evidence was insufficient to establish payment and DoJ's records and the Small Claims Tribunal showed no payment, therefore the Master's order making the Charging Order Nisi absolute (reduced amount HK$51,566.84) was correct and the Master's costs assessment was not disturbed.

Citation
[2026] HKDC 154
Parties
Plaintiff (judgment Creditor): Secretary for Justice; Defendant (judgment Debtor): Woo Tak Yan
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 February 2026
Case Number
DCMP7075/2024
Procedural Posture
Charging Order Appeal (order 58) / Judge in Chambers Appeal Against Master's Decision (rehearing) Decision
Outcome
Appeal dismissed; Charging Order Absolute upheld
Legal Topics
Charging Order, Appeal Against Master's Decision, Satisfaction of Judgment, Costs Assessment, Evidence (balance of Probabilities)
Source Language
EN
Civil Procedure Enforcement Property Law Debt Recovery Charging Order Appeal Against Master's Decision Satisfaction of Judgment Costs Assessment +1 more

Case Brief

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Parties

Secretary for Justice

Plaintiff (judgment Creditor)

Woo Tak Yan

Defendant (judgment Debtor)

Procedural Posture

Charging Order Appeal (order 58) / Judge in Chambers Appeal Against Master's Decision (rehearing) Decision

Legal Issues

  1. 1 Whether the Subject Award had been satisfied prior to the charging order proceedings
  2. 2 Whether the Charging Order Nisi should have been made absolute
  3. 3 Whether the costs summarily assessed by the Master were unreasonable

Ratio Decidendi

On the balance of probabilities the appellant did not prove payment of the Subject Award before the proceedings; the bank withdrawal evidence was insufficient to establish payment and DoJ's records and the Small Claims Tribunal showed no payment, therefore the Master's order making the Charging Order Nisi absolute (reduced amount HK$51,566.84) was correct and the Master's costs assessment was not disturbed.

Court Disposition

Appeal dismissed; Charging Order Absolute upheld

Orders

  • Appeal dismissed
  • Costs order nisi that the costs of this appeal be paid by Mr. Woo to the Plaintiff, to be summarily assessed on paper