HAITONG INTERNATIONAL PRODUCTS & SOLUTIONS LTD v. CHINA CREATE CAPITAL LTD

HAITONG INTERNATIONAL PRODUCTS & SOLUTIONS LTD v. CHINA CREATE CAPITAL LTD

Given the plaintiffs' final judgments, valid service, absence of opposition by the defendant and garnishee, and the legal principle that Mareva injunctions do not create proprietary rights or priority, the court will make the garnishee orders nisi and charging order nisi absolute and vary the relevant injunctions by consent where interveners have agreed or withdrawn.

Citation
[2025] HKCFI 6482
Parties
Plaintiff / Judgment Creditor (hca 1333/2020): Haitong International Securities Company Limited; Plaintiff / Judgment Creditor (hca 2123/2020; HCA 291/2021): Haitong International Products & Solutions Limited; Defendant / Judgment Debtor: China Create Capital Limited; Garnishee: CCB International Securities Limited; Intended Intervener / Third Party (proprietary Injunction Claimed): Jin Jiang Investment Limited; Intended Intervener / Third Party (proprietary Injunction Claimed): Trustees in Bankruptcy of Shum Tin Ching; Intended Intervener / Third Party: Shum Tin Ching trading as Chuangsheng International Investment and Management Co.; Third Party (injunction Obtained; Non‑proprietary): Alltogether Land Company Limited; Third Party (injunction Obtained; Non‑proprietary): Sky Motion Holdings Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 2025
Case Number
HCA291/2021
Procedural Posture
Enforcement of Judgment: Garnishee Orders Nisi and Charging Order Nisi / Hearing to Make Orders Nisi Absolute (in Chambers)
Outcome
Garnishee orders nisi and charging order nisi made absolute; consent variations of specified injunctions ordered; costs awarded to plaintiffs.
Legal Topics
Garnishee Order, Charging Order, Mareva Injunction, Intervention, Costs
Source Language
EN
Civil Procedure Enforcement of Judgments Injunctions Garnishment Charging Orders Garnishee Order Charging Order Mareva Injunction +2 more

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Parties

Haitong International Securities Company Limited

Plaintiff / Judgment Creditor (hca 1333/2020)

Haitong International Products & Solutions Limited

Plaintiff / Judgment Creditor (hca 2123/2020; HCA 291/2021)

China Create Capital Limited

Defendant / Judgment Debtor

CCB International Securities Limited

Garnishee

Jin Jiang Investment Limited

Intended Intervener / Third Party (proprietary Injunction Claimed)

Trustees in Bankruptcy of Shum Tin Ching

Intended Intervener / Third Party (proprietary Injunction Claimed)

Shum Tin Ching trading as Chuangsheng International Investment and Management Co.

Intended Intervener / Third Party

Alltogether Land Company Limited

Third Party (injunction Obtained; Non‑proprietary)

Sky Motion Holdings Limited

Third Party (injunction Obtained; Non‑proprietary)

Procedural Posture

Enforcement of Judgment: Garnishee Orders Nisi and Charging Order Nisi / Hearing to Make Orders Nisi Absolute (in Chambers)

Legal Issues

  1. 1 Whether the garnishee orders nisi and charging order nisi can be made absolute
  2. 2 Whether existing Mareva injunctions confer proprietary rights or priority preventing the orders
  3. 3 Whether third‑party interveners with alleged proprietary injunctions can oppose the orders

Ratio Decidendi

Given the plaintiffs' final judgments, valid service, absence of opposition by the defendant and garnishee, and the legal principle that Mareva injunctions do not create proprietary rights or priority, the court will make the garnishee orders nisi and charging order nisi absolute and vary the relevant injunctions by consent where interveners have agreed or withdrawn.

Court Disposition

Garnishee orders nisi and charging order nisi made absolute; consent variations of specified injunctions ordered; costs awarded to plaintiffs.

Orders

  • Garnishee orders nisi and charging order nisi in HCA 1333/2020, HCA 2123/2020 and HCA 291/2021 are made absolute
  • Defendant to pay costs of the garnishee order nisi of HK$5,200 for each action to the plaintiff of each action