Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Payment out and distribution of sale proceeds
  • 7 Mar 2023

    ITIRO CORPORATION BVI v. THE OWNER AND/OR DEMISED CHARTERERS OF THE SHIP OR VESSEL “ANGELIC GLORY”

    Citation
    [2023] HKCFI 644
    Court
    Court of First Instance
    Case number
    HCAJ90/2020

    The court held that the US$265,000 retained (Sum A) was not a cap on the Banks' taxed costs entitlement; the US$250,000 retained (Sum B) under the October Order was not retained exclusively for Itiro; the Banks were entitled to recover outstanding taxed costs of US$298,006.10 from the Proceeds (including Sum B if required); the remaining balance of Proceeds (with interest) was to be distributed pari passu among Diamlemos, Rudder, Itiro and Panthalassa taking into account Itiro's increased judgment sum; and costs were allocated between the parties as specified in the decision.

    • Priority of maritime claims
    • Payment out and distribution of sale proceeds
    • Taxation of costs
    • Construction of court orders
    • Pari passu distribution
    • Retention/security of proceeds