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Hong Kong decisions
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The court made the garnishee order nisi absolute, continued the freezing injunction against D2 for six months with a payment carve-out, and adjourned the D1 variation application.
The appeal was dismissed because the Land Tribunal had adjudicated the defendant liable and ordered costs which were assessed; the absolute charging order was registered; the plaintiff provided detailed and supported calculations showing the outstanding debt exceeded the 400,000 HKD deposit; and there was no convincing evidence or lawful basis to set aside the sale order.
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The District Court ordered sale of a jointly owned flat under the Partition Ordinance, finding partition impracticable and directing how sale proceeds and the charging order were to be paid.
The debt is founded on valid and enforceable court orders; the debtor did not comply with the statutory demand, failed to show a bona fide dispute on substantial grounds or provide credible evidence to impugn the judgments, and the debtor's appeals were dismissed; accordingly a bankruptcy order was proper.
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The court held that the English freezing application and Singapore discovery proceedings breached the Hong Kong undertaking given under a Mareva order.
The Court of First Instance granted an unless order after non-compliance with interim payments and disclosure obligations, and awarded indemnity costs of HK$140,000.
法院因當事人持續不遵命令、未支付 interim payments 及未履行披露義務，頒布 unless order，並判令以彌償基準支付訟費。
The Court of Appeal dismissed an out-of-time bid to appeal refusal of leave to bring committal proceedings, holding the intended appeal had no real prospect of success.
The court granted leave to amend a security-for-costs summons but dismissed it, holding no security should be ordered in this arbitration-related challenge.
The Court of First Instance continued and expanded post-judgment Mareva relief, holding that in exceptional cases freezing orders may cover assets held on trust or as nominee for third parties.
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