WONG KING LUN v. HONG KIAO GO AND ANOTHER

WONG KING LUN v. HONG KIAO GO AND ANOTHER

Given the plaintiff's concession that paragraph 1(1)(b)(i) must be discharged on evidence that the property was sold by the mortgagee and the secured debt exceeds the sale price, and given there is no evidence of any other assets of the defendant, the injunction serves no purpose and causes undue hardship; accordingly the injunction must be discharged in its entirety.

Citation
WONG KING LUN v. HONG KIAO GO AND ANOTHER
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
17 August 2005
Case Number
DCCJ67/2005
Procedural Posture
Injunction / Civil Dispute / Interlocutory (application to Discharge Injunction)
Outcome
Injunction discharged in its entirety
Legal Topics
Freezing Injunction, Discharge of Injunction, Mortgagee Sale (order 88), Asset Preservation
Source Language
EN
Injunctions Civil Procedure Property Law Equity Freezing Injunction Discharge of Injunction Mortgagee Sale (order 88) Asset Preservation

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

Procedural Posture

Injunction / Civil Dispute / Interlocutory (application to Discharge Injunction)

Legal Issues

  1. 1 Whether the injunction should be discharged where the defendant has no assets other than property sold by the mortgagee under Order 88
  2. 2 Whether paragraph 1(1)(b)(i) of the injunction must be discharged given evidence that the property sale arose from mortgagee proceedings and the secured debt exceeds the sale price
  3. 3 Whether an injunction that serves no purpose and causes hardship to the defendant should be continued

Ratio Decidendi

Given the plaintiff's concession that paragraph 1(1)(b)(i) must be discharged on evidence that the property was sold by the mortgagee and the secured debt exceeds the sale price, and given there is no evidence of any other assets of the defendant, the injunction serves no purpose and causes undue hardship; accordingly the injunction must be discharged in its entirety.

Court Disposition

Injunction discharged in its entirety

Orders

  • Paragraph 1(1)(b)(i) of the injunction discharged on the evidence of mortgagee sale
  • The entire injunction is discharged