Hong Kong Case Law: Decisions & Judgments

Topic

Security for adjournment

Legal area

Court

24 Jul 2024

RE LAU WANG CHI, BARRY

Citation

[2024] HKCA 712
Court

Court of Appeal
Case number

CACV147/2024

The liberty to apply permitted the court to resolve the dispute about the form of security; applying an objective reasonableness test the proposed charge over the Sea Tiger, despite some shortcomings in the valuation evidence, afforded adequate security for the HK$12,900,000 and the court therefore granted the variation to permit the Debtor to procure the charge and associated undertakings; exceptional circumstances under s98(1) were unnecessary to invoke in these circumstances.
24 May 2024

RE LAU WANG CHI, BARRY

Citation

[2024] HKCA 490
Court

Court of Appeal
Case number

CACV147/2024

The Court set aside the judge’s order and exercised the discretion afresh: it held there was a tentative but sufficient prospect that the appeal and new evidence disclose a triable issue, and that the bankruptcy court may impose security as a condition of adjourning a petition; applying the exercise of discretion to the facts, the court ordered security equal to half the judgment sum (HK$12,900,000) to be paid into court or provided to the petitioners within eight weeks, with liberty to apply, and awarded mixed costs of the appeal (50% to the appellant).
1 Mar 2022

A v. B

Citation

[2022] HKCFI 607
Court

Court of First Instance
Case number

HCCT35/2021

Adjournment of enforcement was ordered because the 2014 Licence is governed by Dutch law and the Dutch courts are the proper forum to determine construction and jurisdictional issues; the supervisory challenge has realistic prospects of success and there was insufficient evidence of asset dissipation to justify ordering security given substantial security already obtained (charging order and confirmations).
26 Oct 2007

ARMITAGE BRIAN RODERICK v. CORROSION CONTROL INTERNATIONAL LTD

Citation

ARMITAGE BRIAN RODERICK v. CORROSION CONTROL INTERNATIONAL LTD
Court

Court of First Instance
Case number

HCLA1/2007

Section 30 validly allowed security even where asset disposal had already occurred; however the entry of judgment under section 29A for non‑payment of that security was an inappropriate and erroneous exercise of discretion in these circumstances; accordingly the November Order (judgment) and October Order (security order) were set aside and the claim remitted to the Labour Tribunal, with existing security to remain held as security.
6 Oct 1989

POON LAI KING v. CHONG HOU YUE FORMERLY TRADING AS EVER RICH KNITTING FACTORY

Citation

POON LAI KING v. CHONG HOU YUE FORMERLY TRADING AS EVER RICH KNITTING FACTORY
Court

Court of First Instance
Case number

HCLA21/1989

The Presiding Officer's summary rejection of the appellant's explanation and immediate proceeding ex parte, thereby barring the appellant from defending, was manifestly unfair and a breach of natural justice; the security/order under s.30 was at least dubiously invoked and could not justify shutting out the defence, so the award was set aside and the matter remitted for a de novo hearing before a different presiding officer.
23 Dec 1988

CHEUNG FOR t/a SHEUNG MEI KNITTING & GARMENT FACTORY v. TSOI LAI HUNG AND OTHERS

Citation

CHEUNG FOR t/a SHEUNG MEI KNITTING & GARMENT FACTORY v. TSOI LAI HUNG AND OTHERS
Court

Court of First Instance
Case number

HCLA29/1988

The presiding officer had no jurisdiction under the Labour Tribunal Ordinance to enter judgment in default for non-payment of security; section 30 permits security for adjournment but does not imply power to impose a penalty of dismissal or default judgment for non-compliance and the claimant was entitled to be heard; appeal allowed and matter remitted for rehearing under s.35(1)(c).

Hong Kong Case Law

RE LAU WANG CHI, BARRY

RE LAU WANG CHI, BARRY

A v. B

ARMITAGE BRIAN RODERICK v. CORROSION CONTROL INTERNATIONAL LTD

POON LAI KING v. CHONG HOU YUE FORMERLY TRADING AS EVER RICH KNITTING FACTORY

CHEUNG FOR t/a SHEUNG MEI KNITTING & GARMENT FACTORY v. TSOI LAI HUNG AND OTHERS