Hong Kong Case Law: Decisions & Judgments

Topic

Oral examination of judgment debtor

Legal area

Court

18 Oct 2001

SANO SCREEN MANUFACTURERS LTD. v. J & R BOSSINI TRADING LTD.

Citation

SANO SCREEN MANUFACTURERS LTD. v. J & R BOSSINI TRADING LTD.
Court

Court of First Instance
Case number

HCA12351/1998

Refusal of the interim stay: exceptional circumstances existed (history of attempts to avoid examination, late presentation of winding up petition timed close to the oral examination, petition presented by company within the Bossini group suggesting tactical abuse), and the costs argument did not justify a stay because costs are discretionary and would rank pari passu in liquidation; accordingly both summonses seeking a stay were dismissed.
18 Oct 2001

TRI-STAR FABRIC PRINTING WORKS LTD. v. J & R BOSSINI TRADING LTD.

Citation

TRI-STAR FABRIC PRINTING WORKS LTD. v. J & R BOSSINI TRADING LTD.
Court

Court of First Instance
Case number

HCA12352/1998

The court exercised its discretion to refuse the interim stay because exceptional circumstances existed: the winding up petition was presented late and close to the scheduled oral examination, it appeared tactical and connected to the Bossini group, and there was a history of attempts to resist examination by unmeritorious arguments; the costs argument did not justify a stay as costs do not automatically confer priority and are for the Master's discretion.
21 Feb 1986

DINERS CLUB INTERNATIONAL (HK) LTD. v. FERDINAND ROBERT

Citation

DINERS CLUB INTERNATIONAL (HK) LTD. v. FERDINAND ROBERT
Court

Court of Appeal
Case number

CACV189/1985

The Court held that the Masters were wrong to refuse the applications: the plaintiffs were entitled to obtain oral examinations of the judgment debtors under RSC O.49B r.1 despite execution by fi. fa.; the District Court's jurisdictional limits do not preclude bringing proceedings in the High Court; the ex parte procedure was proper under the Rules; and concerns about costs do not justify refusal because protection lies in subsequent proof of properly incurred costs.
21 Feb 1986

DINERS CLUB INTERNATIONAL (HK) LTD. v. LAU LIN SHAN

Citation

DINERS CLUB INTERNATIONAL (HK) LTD. v. LAU LIN SHAN
Court

Court of Appeal
Case number

CACV187/1985

The Masters were wrong to refuse the orders; the plaintiff was entitled to an oral examination of the judgment debtors under O.49B r.1 despite prior writs of fi. fa. and despite the amounts being within District Court jurisdiction because remedies are concurrent and the High Court has jurisdiction to hear the application; objections based on the plaintiff's reputation were improper and protection lies in requiring the plaintiff to justify costs in any subsequent costs recovery action.

Hong Kong Case Law

SANO SCREEN MANUFACTURERS LTD. v. J & R BOSSINI TRADING LTD.

TRI-STAR FABRIC PRINTING WORKS LTD. v. J & R BOSSINI TRADING LTD.

DINERS CLUB INTERNATIONAL (HK) LTD. v. FERDINAND ROBERT

DINERS CLUB INTERNATIONAL (HK) LTD. v. LAU LIN SHAN