ONTONE FINANCE CO LTD v. LEUNG SIU KEE AND OTHERS

ONTONE FINANCE CO LTD v. LEUNG SIU KEE AND OTHERS

The plaintiff failed to prove beyond reasonable doubt any of the grounds in Order 49B r1B(1) in respect of the four 1st defendants (ability to pay, disposal of assets to avoid satisfaction, or wilful non‑disclosure); accordingly the committal application was dismissed and costs allocated as set by the court.

Citation
ONTONE FINANCE CO LTD v. LEUNG SIU KEE AND OTHERS
Parties
Plaintiff (judgment Creditor): Ontone Finance Company Limited; 1st Defendant (1st Judgment Debtor): Mr Leung Siu Kee; 1st Defendant (1st Judgment Debtor): Mr Chan Fong Kong, Francis; 1st Defendant (1st Judgment Debtor): Mr Chan Siu Lun; 1st Defendant (1st Judgment Debtor): Mr Lam Ting Fung Freeman; 2nd Defendant (2nd Judgment Debtor) in HCA 408/2011: Sinophil Forest Source Mining Holdings Co, Limited (formerly Sinophil International Mining Limited); 2nd Defendant (2nd Judgment Debtor) in HCA 433/2011: Leung Wing Kei; 2nd Defendant (2nd Judgment Debtor) in HCA 433/2011: Tobo Investments Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 April 2015
Case Number
HCA433/2011
Procedural Posture
Civil Enforcement Proceedings: Post Judgment Examination and Committal Application Under Order 49 B / Post Judgment Examination Concluded; Application for Imprisonment (committal) and Costs; Final Decision Handed Down
Outcome
Application for imprisonment (committal) against the four 1st defendants dismissed; costs allocated between parties as ordered
Legal Topics
Judgment Debtor Examination, Imprisonment Order, Disclosure of Assets, Dissipation of Assets, Costs
Source Language
EN
Civil Procedure Enforcement Debt Recovery Contempt / Committal Judgment Debtor Examination Imprisonment Order Disclosure of Assets Dissipation of Assets +1 more

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Parties

Ontone Finance Company Limited

Plaintiff (judgment Creditor)

Mr Leung Siu Kee

1st Defendant (1st Judgment Debtor)

Mr Chan Fong Kong, Francis

1st Defendant (1st Judgment Debtor)

Mr Chan Siu Lun

1st Defendant (1st Judgment Debtor)

Mr Lam Ting Fung Freeman

1st Defendant (1st Judgment Debtor)

Sinophil Forest Source Mining Holdings Co, Limited (formerly Sinophil International Mining Limited)

2nd Defendant (2nd Judgment Debtor) in HCA 408/2011

Leung Wing Kei

2nd Defendant (2nd Judgment Debtor) in HCA 433/2011

Tobo Investments Limited

2nd Defendant (2nd Judgment Debtor) in HCA 433/2011

Procedural Posture

Civil Enforcement Proceedings: Post Judgment Examination and Committal Application Under Order 49 B / Post Judgment Examination Concluded; Application for Imprisonment (committal) and Costs; Final Decision Handed Down

Legal Issues

  1. 1 Whether any 1st defendant is able to satisfy the judgment in whole or in part
  2. 2 Whether any 1st defendant disposed of assets with a view to avoiding satisfaction of the judgment debt
  3. 3 Whether any 1st defendant wilfully failed to make full disclosure or to answer questions at examination

Ratio Decidendi

The plaintiff failed to prove beyond reasonable doubt any of the grounds in Order 49B r1B(1) in respect of the four 1st defendants (ability to pay, disposal of assets to avoid satisfaction, or wilful non‑disclosure); accordingly the committal application was dismissed and costs allocated as set by the court.

Court Disposition

Application for imprisonment (committal) against the four 1st defendants dismissed; costs allocated between parties as ordered

Orders

  • HCA 408/2011: plaintiff's application for imprisonment order against the 1st defendants dismissed
  • HCA 408/2011: costs nisi — plaintiff to pay the 1st defendants' costs of the application for imprisonment order with certificate for counsel to be taxed if not agreed