VALLET MAURICE HENRI ROLAND v. PHOENIX TELECOMMUNICATION LTD

VALLET MAURICE HENRI ROLAND v. PHOENIX TELECOMMUNICATION LTD

The court ordered payment out of the security for costs to Dragon for the finally assessed Appeal Costs because the liability was undisputed and the security was provided for that purpose; it refused to stay payment or order Dragon to pay the disputed Debt into court because the validity of the Assignment and any cross-claims require trial and there was no equitable basis to restrain payment; the Charging Order nisi was made absolute as Antares was liable for the Leave and Action Costs which are final.

Citation
VALLET MAURICE HENRI ROLAND v. PHOENIX TELECOMMUNICATION LTD
Parties
Plaintiff (judgment Creditor): Vallet Maurice Henri Roland; Defendant (judgment Debtor): Phoenix Telecommunication Limited; Garnishee: Dragon Investment Company II LLC; Intervening Party: Antares LLC
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 June 2006
Case Number
DCMP3403/2003
Procedural Posture
Garnishee and Charging Order Proceedings Arising From Appeal and Security for Costs / Interlocutory Applications and Directions Following Court of Appeal Decision
Outcome
1st summons granted in part (payment out for appeal costs); 2nd and 3rd summonses dismissed; Charging Order nisi made absolute.
Legal Topics
Garnishee Proceedings, Security for Costs, Charging Order, Stay of Execution, Appeal Costs, Validity of Assignment
Source Language
EN
Civil Procedure Enforcement Costs Assignment of Debt Garnishee Proceedings Security for Costs Charging Order Stay of Execution +2 more

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Parties

Vallet Maurice Henri Roland

Plaintiff (judgment Creditor)

Phoenix Telecommunication Limited

Defendant (judgment Debtor)

Dragon Investment Company II LLC

Garnishee

Antares LLC

Intervening Party

Procedural Posture

Garnishee and Charging Order Proceedings Arising From Appeal and Security for Costs / Interlocutory Applications and Directions Following Court of Appeal Decision

Legal Issues

  1. 1 Whether security for costs paid by Antares should be paid out to Dragon to satisfy appeal costs
  2. 2 Whether court should stay payment out and/or order Dragon to pay disputed debt into court pending trial on validity of assignment
  3. 3 Whether charging order nisi should be made absolute over balance of security for costs

Ratio Decidendi

The court ordered payment out of the security for costs to Dragon for the finally assessed Appeal Costs because the liability was undisputed and the security was provided for that purpose; it refused to stay payment or order Dragon to pay the disputed Debt into court because the validity of the Assignment and any cross-claims require trial and there was no equitable basis to restrain payment; the Charging Order nisi was made absolute as Antares was liable for the Leave and Action Costs which are final.

Court Disposition

1st summons granted in part (payment out for appeal costs); 2nd and 3rd summonses dismissed; Charging Order nisi made absolute.

Orders

  • Order for payment out in terms of paragraph 1 of the 1st summons (payment of Appeal Costs out of Security for Costs)
  • 2nd summons dismissed