HUEN WAI KEI v. CHOY KWONG WA CHRISTOPHER

HUEN WAI KEI v. CHOY KWONG WA CHRISTOPHER

The application for supplemental orders was refused because the relief sought went beyond correcting an accidental omission; specific performance had been ordered only against Raking and not Choy; plaintiffs had not sought post-judgment directions or a time for completion so supplemental orders directing payment of sale proceeds or compensating for mortgage discharge would amount to an effective assessment or re-allocation of damages beyond the court's correction jurisdiction; plaintiffs retain remedies (interpleader proceedings, discharge of specific performance and inquiry for damages) and the court will not rewrite contractual wording in the judgment.

Citation
HUEN WAI KEI v. CHOY KWONG WA CHRISTOPHER
Parties
1st Plaintiff: Huen Wai Kei; 2nd Plaintiff: China Gain Corporation Limited; 1st Defendant: Choy Kwong Wa Christopher; 2nd Defendant: Raking Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 2014
Case Number
HCA1093/2006
Procedural Posture
Civil Enforcement of Judgment and Specific Performance / Post Judgment Applications for Supplemental Orders and Amendment of Judgment (decision)
Outcome
Notice of Motion dismissed; defendants' summons dismissed; costs ordered as set out below
Legal Topics
Specific Performance, Supplemental Orders, Amendment of Judgment, Mortgagee Sale, Interpleader, Assessment of Damages
Source Language
EN
Contract Equity Civil Procedure Property Enforcement Specific Performance Supplemental Orders Amendment of Judgment +3 more

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Parties

Huen Wai Kei

1st Plaintiff

China Gain Corporation Limited

2nd Plaintiff

Choy Kwong Wa Christopher

1st Defendant

Raking Limited

2nd Defendant

Procedural Posture

Civil Enforcement of Judgment and Specific Performance / Post Judgment Applications for Supplemental Orders and Amendment of Judgment (decision)

Legal Issues

  1. 1 Whether the court may, by supplemental order after judgment, require defendants to pay plaintiffs equivalent amounts or direct payment of net sale proceeds following a mortgagee sale
  2. 2 Whether supplemental relief may be ordered against Choy when specific performance was ordered only against Raking
  3. 3 Whether paragraph 2 of the judgment can be amended to remove "free from encumbrance" or to change wording relating to the judgment sum

Ratio Decidendi

The application for supplemental orders was refused because the relief sought went beyond correcting an accidental omission; specific performance had been ordered only against Raking and not Choy; plaintiffs had not sought post-judgment directions or a time for completion so supplemental orders directing payment of sale proceeds or compensating for mortgage discharge would amount to an effective assessment or re-allocation of damages beyond the court's correction jurisdiction; plaintiffs retain remedies (interpleader proceedings, discharge of specific performance and inquiry for damages) and the court will not rewrite contractual wording in the judgment.

Court Disposition

Notice of Motion dismissed; defendants' summons dismissed; costs ordered as set out below

Orders

  • Notice of Motion by Huen Wai Kei and China Gain Corporation Ltd dismissed
  • Summons of Raking Ltd dismissed