Hong Kong Case Law: Decisions & Judgments

Topic

Garnishee order nisi

Legal area

Court

30 May 2025

ORION ENGINEERED CARBONS GMBH v. UNIVERSAL ALL LTD AND OTHERS

Citation

[2025] HKCFI 2370
Court

Court of First Instance
Case number

HCA1625/2024

Section 52 of the Trustee Ordinance does not vest property in the plaintiff in the factual matrix of fraud creating remedial/category 2 constructive trusts; consequently vesting orders under s52 are not available in such cases and garnishee orders nisi seeking to enforce a judgment are premature prior to a judgment, although a validly served claim may attract default judgment and related proprietary declarations.
20 Oct 2023

CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

Citation

[2023] HKCA 1230
Court

Court of Appeal
Case number

CAMP202/2021

The appeal was dismissed because the court, exercising its discretion under Order 49, concluded it would have been inequitable to have made the garnishee order absolute on 9 June 2023 given the defendants' substantial unliquidated cross‑liabilities under the 2023 costs order nisi (50% of defendants' costs) arising from the same proceedings and likely to exceed the plaintiff's assessed entitlement; equitable set‑off and the pending costs variation meant the garnishee relief should not be granted.
22 Apr 2022

JIN JIANG INVESTMENT LTD v. 深圳市威廉金融控股有限公司 AND OTHERS

Citation

[2022] HKCFI 1068
Court

Court of First Instance
Case number

HCA196/2021

Plaintiffs have not but may possibly have a proprietary claim; however they have failed to particularise, provide evidence or seek discovery in time and have caused delay; accordingly the court exercised discretion to give a final conditional opportunity (an unless order) to seek discovery by a fixed deadline failing which the charging orders nisi and garnishee orders nisi will be made absolute and the variation summons granted, with an adjournment to mention only if the plaintiffs comply by the deadline.
18 Mar 2022

BANK OF COMMUNICATIONS TRUSTEE LTD v. CHINA ENERGY RESERVE AND CHEMICALS GROUP OVERSEAS CO LTD AND ANOTHER

Citation

[2022] HKCFI 795
Court

Court of First Instance
Case number

HCA146/2020

No trust (express, Quistclose or resulting) was established over the Funds; BOCOM Trustee did not commit material non-disclosure in the ex parte garnishee application and any alleged conflict arose after the ex parte application; China Life was substituted as plaintiff and BOCOM Trustee joined as interested party; the garnishee order nisi was made absolute except for US$70,000,000 treated as security; the setting aside application was dismissed.
23 Jun 2003

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS

Citation

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS
Court

Court of First Instance
Case number

HCA3772/1980

On the material before the court, including the affirmations of Gloria and Yamano indicating that HSBC employees had produced records showing dormant accounts in the name of the deceased, there was prima facie evidence that HSBC is holding or has held funds in the name of Yau; therefore a garnishee order nisi must be made and the conduct of the proceedings given to the 2nd judgment creditor with safeguards and specified deletions to the proposed notice.

Hong Kong Case Law

ORION ENGINEERED CARBONS GMBH v. UNIVERSAL ALL LTD AND OTHERS

CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

JIN JIANG INVESTMENT LTD v. 深圳市威廉金融控股有限公司 AND OTHERS

BANK OF COMMUNICATIONS TRUSTEE LTD v. CHINA ENERGY RESERVE AND CHEMICALS GROUP OVERSEAS CO LTD AND ANOTHER

TO KIN WAH v. TUEN MUN DISTRICT OFFICER AND OTHERS