Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Costs orders and enforcement

Legal area

Court

2 Dec 2016

CWG v. MH AND OTHERS

Citation

CWG v. MH AND OTHERS
Court

Court of First Instance
Case number

HCMP643/2012

The court exercised its discretion to lift any implied undertaking as to the two anonymised judgments for limited use in the specified bankruptcy/enforcement proceedings because (1) the judgments were already anonymised and PD15.15 contemplates publication subject to redaction, (2) enforcement of the Costs Order is a legitimate, non-collateral purpose, (3) the Applying Rs offered strict undertakings limiting use and access, and (4) no sufficient prejudice to opposing parties was shown; release approved subject to undertakings and cost orders.
6 Feb 2014

RE LAM SIU WING AND ANOTHER

Citation

RE LAM SIU WING AND ANOTHER
Court

Court of First Instance
Case number

HCB7991/2009

Section 12 leave was granted: retrospective section 12 leave treats the proceedings and resulting judgments as if properly commenced/continued, thereby validating and rectifying those judgments; the Court of First Instance in its bankruptcy jurisdiction is the proper forum to grant such leave; concerns about prejudice to creditors were unfounded on the facts (no surplus in the estate and enforcement against the estate barred without further leave).