海德國際財務有限公司 對 佘紀輝前名佘高湧

海德國際財務有限公司 對 佘紀輝前名佘高湧

Appeal dismissed because the defendant had admitted the claim in his Acknowledgement of Service and Form 16, the court properly registered judgment after scrutinising the plaintiff's revised claim under Order 13A r10, the defendant failed to discharge the burden to oppose the absolute charging order, and the matters...

Source-derived case information.

Citation
[2025] HKDC 536
Parties
Plaintiff: Ocean Allied Finance Limited; Defendant: Shai Kei Fai Andy formerly known as Shai Ko Yung
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 April 2025
Case Number
DCCJ3283/2023
Procedural Posture
Debt Recovery / Civil Claim / Appeal Against Absolute Charging Order
Outcome
Appeal dismissed; absolute charging order of 13 February 2025 upheld; appellant ordered to pay costs of the appeal.
Legal Topics
Charging Order, Absolute Charge, Default Judgment, Enforcement, Burden of Proof
Source Language
ch
Civil Procedure Debt Recovery Property Law Enforcement Charging Order Absolute Charge Default Judgment Burden of Proof

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Parties

Ocean Allied Finance Limited

Plaintiff

Shai Kei Fai Andy formerly known as Shai Ko Yung

Defendant

Procedural Posture

Debt Recovery / Civil Claim / Appeal Against Absolute Charging Order

  1. 1 Whether the absolute charging order made on 13 February 2025 was properly made
  2. 2 Whether the defendant could challenge the underlying judgment given his prior admissions
  3. 3 Whether the defendant's personal circumstances (inability to pay and sentimental value of property) justify setting aside the absolute charging order

Ratio Decidendi

Appeal dismissed because the defendant had admitted the claim in his Acknowledgement of Service and Form 16, the court properly registered judgment after scrutinising the plaintiff's revised claim under Order 13A r10, the defendant failed to discharge the burden to oppose the absolute charging order, and the matters he raised (inability to pay and sentimental value of the property) do not suffice to set aside the charging order at this stage.

Court Disposition

Appeal dismissed; absolute charging order of 13 February 2025 upheld; appellant ordered to pay costs of the appeal.

Orders

  • Appeal dismissed.
  • Absolute charging order dated 13 February 2025 upheld.