HAITONG INTERNATIONAL SECURITIES COMPANY LTD v. CHINA CREATE CAPITAL LTD
The garnishee orders nisi and charging order nisi were made absolute because the plaintiffs held final judgments, the orders nisi were properly obtained and served, interveners either withdrew or lacked proprietary priority capable of defeating the orders, and a Mareva injunction does not create a proprietary interest that can prevent the orders being made absolute.
- Citation
- [2025] HKCFI 6482
- Parties
- Plaintiff / Judgment Creditor: Haitong International Securities Company Limited; Plaintiff / Judgment Creditor: Haitong International Products & Solutions Limited; Defendant / Judgment Debtor: China Create Capital Limited; Garnishee: CCB International Securities Limited; Intended Intervener: Jin Jiang Investment Limited; Intended Intervener: Trustees in Bankruptcy of Shum Tin Ching; Intended Intervener: Shum Tin Ching trading as Chuangsheng International Investment and Management Co.; Third Party / Injunction Claimant: Alltogether Land Company Limited; Third Party / Injunction Claimant: Sky Motion Holdings Ltd
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 31 December 2025
- Case Number
- HCA1333/2020
- Procedural Posture
- Enforcement Proceedings (garnishee and Charging Orders) / Hearing to Make Garnishee Orders Nisi and Charging Order Nisi Absolute
- Outcome
- Garnishee orders nisi and charging order nisi made absolute
- Legal Topics
- Garnishee Order, Charging Order, Mareva Injunction, Intervention, Costs
- Source Language
- EN
Case Brief
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Parties
Haitong International Securities Company Limited
Plaintiff / Judgment Creditor
Haitong International Products & Solutions Limited
Plaintiff / Judgment Creditor
China Create Capital Limited
Defendant / Judgment Debtor
CCB International Securities Limited
Garnishee
Jin Jiang Investment Limited
Intended Intervener
Trustees in Bankruptcy of Shum Tin Ching
Intended Intervener
Shum Tin Ching trading as Chuangsheng International Investment and Management Co.
Intended Intervener
Alltogether Land Company Limited
Third Party / Injunction Claimant
Sky Motion Holdings Ltd
Third Party / Injunction Claimant
Procedural Posture
Enforcement Proceedings (garnishee and Charging Orders) / Hearing to Make Garnishee Orders Nisi and Charging Order Nisi Absolute
Legal Issues
- 1 Whether the garnishee orders nisi and charging order nisi should be made absolute
- 2 Whether a Mareva (freezing) injunction creates a proprietary interest or confers priority
- 3 Whether third party/intervener proprietary claims prevent enforcement orders being made absolute
Ratio Decidendi
The garnishee orders nisi and charging order nisi were made absolute because the plaintiffs held final judgments, the orders nisi were properly obtained and served, interveners either withdrew or lacked proprietary priority capable of defeating the orders, and a Mareva injunction does not create a proprietary interest that can prevent the orders being made absolute.
Court Disposition
Garnishee orders nisi and charging order nisi made absolute
Orders
- The garnishee orders nisi and charging order nisi in the Actions be made absolute
- Costs of the garnishee order nisi at $5,200 each and of the charging order nisi at $9,100 to be paid by the Defendant to the Plaintiff of each Action
Full Case Text
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