Hong Kong Case Law: Decisions & Judgments

Topic

Garnishee order absolute

Legal area

Court

15 Oct 2025

A CO. v. B CO.

Citation

[2025] HKCFI 4986
Court

Court of First Instance
Case number

HCCT99/2025

Plaintiff established entitlement as creditor under the Costs Award, there was no evidence of competing creditors or live claims that would defeat enforcement, and the limited garnisheed funds and shares justified making the garnishee and charging orders absolute and varying the Mareva injunction to permit release and reduction of the enjoined sum; the asset disclosure deadline was extended to avoid procedural dispute and costs were summarily assessed and awarded to the Plaintiff.
28 Aug 2024

WU JIUNN-DER v. FESL TRADING LTD

Citation

[2024] HKDC 1432
Court

District Court
Case number

DCCJ792/2024

Intervener satisfied the threshold for an arguable appeal and demonstrated a real risk that without a stay the appeal would be rendered nugatory because funds would be paid out and might not be recoverable; accordingly the interim stay was extended to 3 October 2024 and costs of the application were ordered in the cause of the appeal.
12 Apr 2012

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

Citation

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS
Court

Court of First Instance
Case number

HCCT45/2010

Leave to appeal was granted because the garnishee advanced new jurisdictional arguments and authorities (not addressed in the original hearing) that could lead an appellate court to revisit the exercise of discretion; a stay of execution was granted because the appellate court must consider these fresh arguments and there is a realistic prospect that the decision may be altered, and because the lower court had not been adequately assisted previously; costs were reserved to the appellate court.
3 Apr 2009

ALEKSANDER JANEZIC AND OTHERS v. YEO TENG HWEE aka YEO TENG HWEE CHRISTOPHER AND OTHERS

Citation

ALEKSANDER JANEZIC AND OTHERS v. YEO TENG HWEE aka YEO TENG HWEE CHRISTOPHER AND OTHERS
Court

Court of First Instance
Case number

HCA9/2009

The court granted a stay of the security for costs order because the claimant had an arguable appeal and procedural irregularity justified treating the application as if made in the interpleader HCMP223/2009; the court refused an interim stay of the garnishee order absolute because the claimant is not a judgment creditor, failed to show identifiable funds held on trust or that his deposited funds were not dissipated or mixed, and there was no good prospect of success such that the plaintiffs should be deprived of the fruits of judgment.
1 Mar 1988

KWAN WAI CHONG v. BONNY GLORY INVESTMENT LTD AND OTHERS

Citation

KWAN WAI CHONG v. BONNY GLORY INVESTMENT LTD AND OTHERS
Court

Court of First Instance
Case number

HCA2918/1987

Master Hill's order was correct: a garnishee order absolute does not give the garnishor priority akin to a charging order; because the garnishee's conversion of the debenture into a fixed charge was not shown to be mala fide and the plaintiff was bound by an earlier concession (issue estoppel), the goods were correctly ordered returned to the garnishee and the appeal is dismissed.

Hong Kong Case Law

A CO. v. B CO.

WU JIUNN-DER v. FESL TRADING LTD

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS v. PT AYUNDA PRIMA MITRA AND OTHERS

ALEKSANDER JANEZIC AND OTHERS v. YEO TENG HWEE aka YEO TENG HWEE CHRISTOPHER AND OTHERS

KWAN WAI CHONG v. BONNY GLORY INVESTMENT LTD AND OTHERS