LAM LIN also known as LAM WUN YUN AND ANOTHER v. LAM LOK YIU AND ANOTHER

LAM LIN also known as LAM WUN YUN AND ANOTHER v. LAM LOK YIU AND ANOTHER

The court found from the hearing record and Yam J's notes that Yam J was aware of the HK$500,000 already paid into court and intended the total fortification to be HK$1,500,000 inclusive of that HK$500,000; applying Yam J's apportionment (HK$600,000 to 1st defendant, HK$900,000 to 2nd defendant) and noting the 1st defendant had already received HK$600,000 while the 2nd defendant had only received HK$400,000, the HK$500,000 held in court must be paid out to the 2nd defendant in partial satisfaction of the costs order.

Citation
LAM LIN also known as LAM WUN YUN AND ANOTHER v. LAM LOK YIU AND ANOTHER
Parties
1st Plaintiff: Lam Lin also known as Lam Wun Yun; 2nd Plaintiff: Lam Tin Sung; 1st Defendant: Lam Lok Yiu; 2nd Defendant: Pioneer Class Industrial Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 December 2012
Case Number
HCA1895/2009
Procedural Posture
Civil / Application to Pay Out Funds Held in Court Post Judgment
Outcome
Summons granted; HK$500,000 standing in court to be paid out to the 2nd defendant through its solicitors in part satisfaction of the costs order; costs nisi against 1st defendant
Legal Topics
Fortification of Undertaking, Payment Out of Funds Held in Court, Apportionment of Security for Damages, Construction of Court Orders
Source Language
EN
Civil Procedure Costs Interim Injunctions Judgment Enforcement Trusts and Stakeholder Funds Fortification of Undertaking Payment Out of Funds Held in Court Apportionment of Security for Damages +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 2 Party arguments 2 Amounts and remedies 7
Sign in to unlock

Parties

Lam Lin also known as Lam Wun Yun

1st Plaintiff

Lam Tin Sung

2nd Plaintiff

Lam Lok Yiu

1st Defendant

Pioneer Class Industrial Limited

2nd Defendant

Procedural Posture

Civil / Application to Pay Out Funds Held in Court Post Judgment

Legal Issues

  1. 1 Whether the HK$1,500,000 ordered by Yam J on 6 November 2009 included the HK$500,000 already paid into court prior to that date
  2. 2 Whether the HK$500,000 held in court should be paid out to the 2nd defendant or split between defendants
  3. 3 Whether the apportionment in Yam J's order gives the 2nd defendant priority entitlement to the funds

Ratio Decidendi

The court found from the hearing record and Yam J's notes that Yam J was aware of the HK$500,000 already paid into court and intended the total fortification to be HK$1,500,000 inclusive of that HK$500,000; applying Yam J's apportionment (HK$600,000 to 1st defendant, HK$900,000 to 2nd defendant) and noting the 1st defendant had already received HK$600,000 while the 2nd defendant had only received HK$400,000, the HK$500,000 held in court must be paid out to the 2nd defendant in partial satisfaction of the costs order.

Court Disposition

Summons granted; HK$500,000 standing in court to be paid out to the 2nd defendant through its solicitors in part satisfaction of the costs order; costs nisi against 1st defendant

Orders

  • HK$500,000 standing in court to be paid out to the 2nd defendant through its solicitors in part satisfaction of the costs order made at trial
  • Costs nisi that the 1st defendant pay the costs of this application and the hearing on 13 December 2012 to the plaintiffs and the 2nd defendant to be taxed if not agreed