Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Charge enforcement

Legal area

Court

27 Aug 2024

THE INCORPORATED OWNERS OF NAN FUNG INDUSTRIAL CITY v. LI FEI

Citation

[2024] HKDC 1425
Court

District Court
Case number

DCMP2578/2022

Plaintiff established the debt and the registered charge; defendant offered no defence; no triable issues or evident prejudice to third parties; therefore the court will exercise its discretion to grant judgment for the debt and an order for sale to enforce the charge.
13 May 2024

RE AETHER LTD

Citation

[2024] HKCFI 1288
Court

Court of First Instance
Case number

HCCW397/2020

Validation under s182 was granted because the chargee lawfully exercised its power of sale, the transfer would cause no disadvantage or detriment to any person with a conceivable interest (shares fully paid up, no prejudice to creditors), the liquidators and receivers did not object, and there was no legal bar (pre-emption or redemption) to validation; accordingly the court exercised its discretion to validate the transfer to Chang An or such purchaser as Cinda or its receivers may determine.