Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of court order

Legal area

Court

11 Oct 2023

CHEN YUNG NGAI KENNETH AND ANOTHER v. HO YUK WAH DAVID (A BANKRUPT) AND OTHERS

Citation

[2023] HKCFI 2625
Court

Court of First Instance
Case number

HCA971/2012

Ng J's earlier order directing Gladius to transfer the shares was a judgment within s25A; Gladius failed to comply and could not be made to act despite reasonable steps and service; the statutory conditions of s25A were satisfied; therefore the court properly nominated Lam Siu Sun Dennis of Lee, Wong & Lam to execute all necessary documents to transfer Gladius' shareholdings in D6 and D9 to the Plaintiffs and awarded costs of HKD 50,000.
12 Jan 2023

B, GGB aka N, GGB v. B, ND

Citation

[2023] HKFC 16
Court

Family Court
Case number

FCMC1410/2019

The Husband's summons was dismissed due to withdrawal and lack of prosecution; the Wife's summons was granted because funds in the escrow account are available and should be applied to satisfy outstanding obligations under the Variation Order (interim maintenance and legal costs) and the parties' joint liability for the London property's management fees; Messrs Oldham, Li & Nie were ordered to release the specified sums and the Wife was awarded costs.
4 Aug 2020

LAM WAI SUN alias LAM KWOK LEUNG AND ANOTHER v. CHAN YAN YEE, Administratrix of the Estate of LAM Wai Hung, Deceased

Citation

[2020] HKCFI 1803
Court

Court of First Instance
Case number

HCMP1375/2019

The defendant repeatedly failed to administer the estate and comply with the 2018 consent order to sell or purchase the Property and distribute proceeds; she provided no adequate sworn explanation, demonstrated uncooperative conduct and a real risk she would not deliver up the grant; accordingly the court removed her as administratrix, revoked the letters of administration and ordered a fresh grant to the plaintiffs' daughter with ancillary directions to effect proper administration.
13 Aug 2009

WONG CHAI HAN v. THE PERSONAL REPRESENTATIVE OF CHU YIU CHEUNG, DECEASED

Citation

WONG CHAI HAN v. THE PERSONAL REPRESENTATIVE OF CHU YIU CHEUNG, DECEASED
Court

District Court
Case number

DCMP1702/2007

Order A was unenforceable because the respondent was deceased and no personal representative was appointed to execute a transfer; consequently, to give effect to Order B the court ordered sale of the property and appointed the plaintiff to conduct the sale with directions for threshold sale price and priority distribution of proceeds, including application of the Legal Aid Ordinance s.19B for remaining funds.

Hong Kong Case Law

CHEN YUNG NGAI KENNETH AND ANOTHER v. HO YUK WAH DAVID (A BANKRUPT) AND OTHERS

B, GGB aka N, GGB v. B, ND

LAM WAI SUN alias LAM KWOK LEUNG AND ANOTHER v. CHAN YAN YEE, Administratrix of the Estate of LAM Wai Hung, Deceased

WONG CHAI HAN v. THE PERSONAL REPRESENTATIVE OF CHU YIU CHEUNG, DECEASED