DAH SING BANK LTD v. DURRANT SIMON PATRICK MICHAEL

DAH SING BANK LTD v. DURRANT SIMON PATRICK MICHAEL

The charging order was properly imposed to enforce an undisputed judgment debt; the defendant offered no satisfactory grounds to set it aside and his repeated applications amounted to an abuse of process, therefore the charging order must remain and the summons to discharge it is dismissed.

Citation
DAH SING BANK LTD v. DURRANT SIMON PATRICK MICHAEL
Parties
Plaintiff: Dah Sing Bank Limited; Defendant: Durrant Simon Patrick Michael
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 December 2010
Case Number
DCCJ4618/2009
Procedural Posture
Civil Debt Enforcement Charging Order / Appeal Against Master's Decision (district Court)
Outcome
Appeal dismissed; charging order remains in force
Legal Topics
Charging Order, Setting Aside Charging Order, Abuse of Process, Costs, Credit Rating Impact
Source Language
EN
Debt Enforcement Charging Orders Civil Procedure Judgment Enforcement Charging Order Setting Aside Charging Order Abuse of Process Costs +1 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 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Dah Sing Bank Limited

Plaintiff

Durrant Simon Patrick Michael

Defendant

Procedural Posture

Civil Debt Enforcement Charging Order / Appeal Against Master's Decision (district Court)

Legal Issues

  1. 1 Whether the charging order over the defendant's property should be set aside
  2. 2 Whether repeated applications by the defendant constituted an abuse of process
  3. 3 Whether the existence of the charging order preventing loan facilities justifies its discharge

Ratio Decidendi

The charging order was properly imposed to enforce an undisputed judgment debt; the defendant offered no satisfactory grounds to set it aside and his repeated applications amounted to an abuse of process, therefore the charging order must remain and the summons to discharge it is dismissed.

Court Disposition

Appeal dismissed; charging order remains in force

Orders

  • Defendant's appeal dismissed
  • Charging order over Unit No. 04, 42nd Floor, Southern Garden, No. 2 O'Brien Road, Hong Kong remains in force