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Hong Kong decisions
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The appeal was dismissed because the Land Tribunal had adjudicated the defendant liable and ordered costs which were assessed; the absolute charging order was registered; the plaintiff provided detailed and supported calculations showing the outstanding debt exceeded the 400,000 HKD deposit; and there was no convincing evidence or lawful basis to set aside the sale order.
Source excerpt
The District Court ordered sale of a jointly owned flat under the Partition Ordinance, finding partition impracticable and directing how sale proceeds and the charging order were to be paid.
The District Court held the 1st Defendant was a beneficial joint tenant of the flat, upheld the charging order, and ordered sale with costs.
The court set aside the knowing receipt part of a default judgment, upheld liability for unlawful means conspiracy, and adjourned amendment issues with costs orders.
D2 failed to discharge the evidential burden to prove a common intention constructive trust or to establish a resulting trust; contemporaneous documents and D1's admissions establish D1 as sole beneficial owner; D2's evidence was unreliable, included AI-generated or fabricated material, and therefore the beneficial interest remains with D1 and the plaintiff may enforce the charging and sale orders.
Source excerpt
The District Court dismissed Mr. Woo’s appeal against a charging order absolute, finding he had not proved prior payment of the underlying Small Claims Tribunal award.
The District Court dismissed a summons for final judgment in a property sale dispute, holding that an out-of-time defence filed before judgment prevented default judgment.
High Court appeal dismissed. The judge upheld a charging order absolute over the applicant’s property to secure unpaid costs and awarded assessed costs of HK$20,000.
The Court of First Instance made garnishee orders nisi and a charging order nisi absolute, and varied related injunctions by consent despite third-party claims.
The Court of First Instance made garnishee orders nisi and a charging order nisi absolute, holding that Mareva injunctions did not bar enforcement.
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