Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Payment out of proceeds

Legal area

Court

30 Apr 2015

ASSET WONDER LTD v. STELLAR SHIPPING CO LLC, THE BAREBOAT CHARTERER OF THE SHIP‘RUBY STAR’

Citation

ASSET WONDER LTD v. STELLAR SHIPPING CO LLC, THE BAREBOAT CHARTERER OF THE SHIP‘RUBY STAR’
Court

Court of First Instance
Case number

HCAJ129/2013

Because the plaintiff held the only valid judgment against the vessel, bailiff fees had been paid, party-and-party costs were agreed, and there was no valid caveat or competing claim, the court applied the prima facie order of priorities and ordered that the entire remaining proceeds of sale and interest be paid to the plaintiff's solicitors in partial satisfaction of the judgment and to meet party-and-party costs.
24 Jun 1968

TUNG WAH HOSPITAL v. THE DEPUTY REGISTRAR, KOWLOON DISTRICT COURT AND ANOTHER

Citation

TUNG WAH HOSPITAL v. THE DEPUTY REGISTRAR, KOWLOON DISTRICT COURT AND ANOTHER
Court

Court of First Instance
Case number

HCA337/1961

Where goods liable to distress had been seized and sold in execution but the proceeds remained in the hands of an officer of the court and the landlord gave proper notice before payment out, s.31 of the Distress for Rent Ordinance (read with English authority) entitles the landlord to be paid out of the proceeds up to the statutory limit (here less than six months' rent); accordingly the Court ordered the Registrar to pay the sum lodged in Court to the plaintiff.