THE TAI YANG HE

THE TAI YANG HE

The court granted default judgment in HCAJ199/2000, ordered specified sums paid out from the funds in court to satisfy the second-action judgment, assessed costs, directed payment of the first-action judgment and assessed costs, and authorised payment of the remaining balance to the plaintiffs' solicitors as part payment of costs of the failed applications without waiting for full taxation; the existence of a notice of appeal did not by itself justify withholding payment absent a stay application.

Citation
THE TAI YANG HE
Parties
Plaintiff (hcaj199/2000): ELF Lubricants Hong Kong Ltd; Plaintiffs (hcaj322/1998): The Owners of and/or other persons entitled to sue in respect of the cargo lately laden on board the ship TAI YANG HE; Defendants (hcaj322/1998): The Owners and/or Demise Charterers of the ship TAI YANG HE and the four other ships or vessels listed in the schedule attached to the writ; Defendants (hcaj199/2000): The Owners and/or Demise Charterers of the ship HAI NAN NO.1 and the owners of the ships or vessels HE FA; Applicant/defendant (owner): Mr Yang Jing Bo
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 December 2001
Case Number
HCAJ199/2000
Procedural Posture
Admiralty Action in Rem / Chambers Hearing and Judgment on Applications for Default Judgment and Payment Out of Funds in Court
Outcome
Default judgment entered for plaintiff in HCAJ199/2000; payment out of sums in court ordered to satisfy judgments and costs; costs awarded.
Legal Topics
Default Judgment, Payment Out of Funds in Court, Security for Judgment and Appeal, Arrest of Vessel, Costs Assessment and Taxation, Stay of Execution Pending Appeal
Source Language
EN
Admiralty Maritime Law Civil Procedure Enforcement Costs Default Judgment Payment Out of Funds in Court Security for Judgment and Appeal +3 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 TAI YANG HE

Plaintiffs (hcaj322/1998)

The Owners and/or Demise Charterers of the ship TAI YANG HE and the four other ships or vessels listed in the schedule attached to the writ

Defendants (hcaj322/1998)

The Owners and/or Demise Charterers of the ship HAI NAN NO.1 and the owners of the ships or vessels HE FA

Defendants (hcaj199/2000)

Mr Yang Jing Bo

Applicant/defendant (owner)

Procedural Posture

Admiralty Action in Rem / Chambers Hearing and Judgment on Applications for Default Judgment and Payment Out of Funds in Court

Legal Issues

  1. 1 Whether default judgment should be entered in HCAJ199/2000
  2. 2 Whether sums paid into court as security should be paid out to satisfy competing judgments and costs
  3. 3 Whether the remaining balance can be paid as part payment of costs of failed applications before taxation

Ratio Decidendi

The court granted default judgment in HCAJ199/2000, ordered specified sums paid out from the funds in court to satisfy the second-action judgment, assessed costs, directed payment of the first-action judgment and assessed costs, and authorised payment of the remaining balance to the plaintiffs' solicitors as part payment of costs of the failed applications without waiting for full taxation; the existence of a notice of appeal did not by itself justify withholding payment absent a stay application.

Court Disposition

Default judgment entered for plaintiff in HCAJ199/2000; payment out of sums in court ordered to satisfy judgments and costs; costs awarded.

Orders

  • Judgment for the plaintiff in HCAJ199/2000 in the sum of US$40,751.36 inclusive of interest.
  • Costs for the plaintiff in HCAJ199/2000 assessed as a gross sum of HK$50,000 under Order 62 r9(4)(b).