Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Locus to intervene

Legal area

Court

5 Aug 2024

CHINA ENERGY RESERVE AND CHEMICALS GROUP OVERSEAS COMPANY LIMITED v. CHINA LIFE TRUSTEES LIMITED

Citation

[2024] HKCFA 23
Court

Court of Final Appeal
Case number

FACV10/2023

The appeals were allowed and the garnishee order discharged; costs follow the event; both the 1st appellant (SPV1) and the Intervener (Ad Hoc Committee) were entitled to costs because each had a legitimate separate interest and locus to intervene; SPV1 was not to be deprived of any of its costs notwithstanding limited participation at first instance; adverse costs orders below were set aside and specified costs awards and certifications were ordered.
1 Nov 1999

Re Siu Ngai

Citation

Re Siu Ngai
Court

Court of First Instance
Case number

HCB733/1994

The court dismissed the Official Receiver's application to suspend the automatic discharge because the Official Receiver's original concerns had been addressed by material later filed, the bankrupt had been cooperative and provided available evidence, further adjournments would be unfair and effectively delay the statutory discharge, and the petitioning creditor had no locus to intervene without leave; accordingly there was no justification to continue the suspension and the bankrupt was discharged effective 1 November 1999.