Hong Kong Case Law: Decisions & Judgments

Topic

Discharge of charging order

Legal area

Court

26 Nov 2019

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. TAI YUE FOR AND ANOTHER

Citation

[2019] HKCFI 2888
Court

Court of First Instance
Case number

HCMP6983/1999

The Court held that an application to discharge a charging order under Order 50 r7 / s20B(4) is a proper remedy where the charging order was obtained on ex parte material containing a materially misleading statement of law (here an incorrect assertion that s.4(4) Limitation Ordinance did not apply to enforcement proceedings). Applying the Limitation Ordinance and authorities, the Court held the 4 December 2017 letter was a denial of liability (confession and avoidance) and did not constitute an acknowledgement under s.23(3), and accordingly allowed the appeal and discharged the Charging Order.
24 Nov 2010

CHIU YU FONG v. LAU KWONG WING

Citation

CHIU YU FONG v. LAU KWONG WING
Court

Court of First Instance
Case number

HCA6099/1999

The master lacked jurisdiction to conduct what amounted to a trial and to determine the parties' substantive rights without the parties' consent under Order 36, rule 1; the matter was a trial on affirmations with cross-examination, not a mere interlocutory application, and the master's decision was set aside and the plaintiff's appeal allowed.
20 Jul 2006

CHEUNG YUK CHUN v. YEUNG WO FAI

Citation

CHEUNG YUK CHUN v. YEUNG WO FAI
Court

Court of First Instance
Case number

HCA6191/1998

The ex parte Mareva application was dismissed: the applicant failed to justify ex parte relief given prior warning and self‑induced urgency, the charging order did not secure interlocutory damages, and there was insufficient evidence of a real risk of dissipation to defeat enforcement of the future assessed award.
24 Jan 1989

THE COMMISSIONER OF INLAND REVENUE v. YEUNG CHUENG FOON DAVID t/a HONG KONG EMBROIDERY CENTRE AND ANOTHER

Citation

THE COMMISSIONER OF INLAND REVENUE v. YEUNG CHUENG FOON DAVID t/a HONG KONG EMBROIDERY CENTRE AND ANOTHER
Court

Court of Appeal
Case number

CACV142/1988

The trial judge was entitled to find on the evidence that the mother had not proved she was the sole contributor of the purchase money and that the monies were managed on behalf of the incapacitated husband; accordingly no resulting trust in the mother's favour was established and the appeal against refusal to discharge the charging orders was dismissed.

Hong Kong Case Law

THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD v. TAI YUE FOR AND ANOTHER

CHIU YU FONG v. LAU KWONG WING

CHEUNG YUK CHUN v. YEUNG WO FAI

THE COMMISSIONER OF INLAND REVENUE v. YEUNG CHUENG FOON DAVID t/a HONG KONG EMBROIDERY CENTRE AND ANOTHER