Hong Kong Case Law: Decisions & Judgments

Topic

Payment out of security

Legal area

Court

11 Dec 2019

COSIMO BORRELLI as Trustee of the SFC LITIGATION TRUST v. ALLEN TAK YUEN CHAN AND OTHERS

Citation

[2019] HKCFI 2999
Court

Court of First Instance
Case number

HCMP2174/2014

The Condition in the consent ancillary Mareva order requires credible proof that the 1st Defendant's assets in Canada and/or Hong Kong are insufficient to satisfy the judgment; such insufficiency may be demonstrated without prior or concluded enforcement proceedings where pursuit would be impracticable, and on the evidence before the court the Condition was satisfied so payment out was ordered.
4 Jan 2019

PT ARK VISI TEKNIK v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP AND OTHERS

Citation

[2019] HKCFI 209
Court

Court of First Instance
Case number

HCAJ109/2017

Payment out of the judgment sum was ordered because the Defendants had not instituted any proper action to set aside the judgment, had not filed properly notarized evidence nor obtained a stay of execution, and the court must balance the risk of irrecoverability against the successful litigant's entitlement to prompt payment, especially given the modest amount; the Defendants' strike out and setting aside application was dismissed as the court was functus officio and the correct procedure is a fresh action.
10 Dec 2018

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Citation

[2018] HKCA 941
Court

Court of Appeal
Case number

CACV158/2012

The Court ordered that D1/D2 pay 75% of the plaintiff's costs of the appeal (to be taxed if not agreed) with certificate for 4 counsel; the plaintiff may have payment out of the $3.9 million paid into court with interest after 35 days from this judgment (or until further order); the plaintiff must pay the costs of D3-5, D6 and D10 (taxed if not agreed) with certificate for 2 counsel; the plaintiff must pay costs of D7-9 and D11 up to 23 May 2014 (taxed if not agreed) with certificate for 2 counsel; the judge's first instance costs order between plaintiff and D1/D2 was set aside to the extent…
24 Mar 2016

KUN PENG I LTD AND ANOTHER v. WIN POWER INVESTMENT LTD AND OTHERS

Citation

KUN PENG I LTD AND ANOTHER v. WIN POWER INVESTMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCA475/2012

The court summarily assessed and awarded costs to the third party: $40,000 for the adjournment, $70,000 for the appeal, and $25,000 for the paper decision on costs, and ordered payment of $103,000 out of the $210,000 security paid into court, forthwith with no order as to further costs.
30 Nov 2010

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS

Citation

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS
Court

Court of Appeal
Case number

CACV225/2010

The Court refused the stay because the plaintiff failed to demonstrate good prospects of success on appeal and the directions/undertakings and possibility for the plaintiff to pay sums into court provided sufficient protection; weight was given to the learned trial judge's (Reyes J) assessment that the Hong Kong proceedings were an abuse of process as a collateral attack on the arbitration award.
14 Oct 1999

WFM MOTORS PTY LTD. v. MALCOLM MAYDWELL

Citation

WFM MOTORS PTY LTD. v. MALCOLM MAYDWELL
Court

Court of Appeal
Case number

CACV148/1995

Despite the formal order's omission of some wording from Rule 4(a), the judgment demonstrates the parties intended all conditions of Rule 4(a) to apply; therefore the security deposited (HK$100,000) was properly payable to the plaintiff's solicitors and the application for payment out was granted.

Hong Kong Case Law

COSIMO BORRELLI as Trustee of the SFC LITIGATION TRUST v. ALLEN TAK YUEN CHAN AND OTHERS

PT ARK VISI TEKNIK v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP AND OTHERS

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

KUN PENG I LTD AND ANOTHER v. WIN POWER INVESTMENT LTD AND OTHERS

PARAKOU SHIPPING PTE LTD v. JINHUI SHIPPING AND TRANSPORTATION LTD AND OTHERS

WFM MOTORS PTY LTD. v. MALCOLM MAYDWELL