Hong Kong Case Law: Decisions & Judgments

Topic

Security for judgment debt

Legal area

Court

16 Dec 2021

上海船厂船舶有限公司 (also known as SHANGHAI SHIPYARD CO. LTD) v. REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD

Citation

[2021] HKCFI 3794
Court

Court of First Instance
Case number

HCCW340/2021

The petitioner was entitled to present the winding-up petition and was not acting unreasonably; permission to appeal does not, by itself, establish a bona fide dispute on substantial grounds sufficient to defeat a petition based on an unsatisfied judgment; the UKSC stay orders were conditional and did not take effect until the Company complied with the condition; because the petition would have succeeded but for the Company's provision of full security, the Company must pay the petitioner's costs to be assessed gross as well as the Official Receiver's costs of HK$6,500.
10 Feb 2015

UNITED ASIA FINANCE LTD v. YIU TSZ NGAR

Citation

UNITED ASIA FINANCE LTD v. YIU TSZ NGAR
Court

Court of First Instance
Case number

HCA774/2014

The charging order nisi was made absolute because (1) a Mareva injunction does not prevent a creditor from obtaining a charging order as it creates no proprietary priority; (2) the applicant failed to demonstrate that making the order absolute would be disproportionate because there was insufficient evidence of unencumbered asset values and prior encumbrances; (3) there is no authority requiring a secured creditor to exhaust remedies against secured properties before seeking a charging order over other assets; and (4) there was no sufficient evidence of insolvency or other equitable factor to…
4 Apr 2014

IGAL DAFNI v. CMA CGM SA

Citation

IGAL DAFNI v. CMA CGM SA
Court

Court of First Instance
Case number

HCA1185/2008

Stay of execution granted in part: limited to US$1.13 million to be paid into court with accrued interest and periodic top-ups every two months, subject to the defendant's undertaking to prosecute the appeal with all due expedition; amendment challenge not arguable and starting date challenge not sufficiently arguable to justify a larger stay.
22 Jan 2008

CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS

Citation

CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS
Court

Court of First Instance
Case number

HCA125/2005

The court exercised its discretion to consider the appeal despite late filing, noted no prejudice to defendants and the absence of a stay; it held that charging all five high-value properties to secure a debt of about $300,000 was disproportionate and unnecessary, and therefore limited the Charging Order Absolute to the shop at Tak Lee Building while discharging charges over the remaining four properties; costs of the appeal were ordered to be nisi with no order as to costs overall.

Hong Kong Case Law

上海船厂船舶有限公司 (also known as SHANGHAI SHIPYARD CO. LTD) v. REIGNWOOD INTERNATIONAL INVESTMENT (GROUP) CO LTD

UNITED ASIA FINANCE LTD v. YIU TSZ NGAR

IGAL DAFNI v. CMA CGM SA

CHOY BING WING v. THE CHIEF JUSTICE, JUDICIARY OF HKSAR, CHINA AND OTHERS