Hong Kong Case Law: Decisions & Judgments

Topic

Money judgment under order 83a

Legal area

Court

16 Jun 2025

KONEW CAPITAL INTERNATIONAL LTD v. HUI YUK MING AND ANOTHER

Citation

[2025] HKDC 921
Court

District Court
Case number

DCMP6839/2024

The court entered judgment for the plaintiff against the 1st defendant for the outstanding principal and interest (HK$2,321,482.65 as at 27 May 2025), granted an order for vacant possession and an order for sale of the Property (reserve price HK$5,500,000), and awarded indemnity costs of HK$82,000 against the 1st defendant because the plaintiff complied with statutory and procedural requirements and the defendants did not contest the relief.
29 Jan 2024

MAXCOLM FINANCE LTD v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WAN YEE YORK, DECEASED AND ANOTHER

Citation

[2024] HKDC 182
Court

District Court
Case number

DCMP177/2023

Plaintiff established compliance with the Money Lenders Ordinance and entitlement to judgment for the outstanding indebtedness; the Second Mortgage conferred the right to possession and sale and, because partition of the small single‑entrance flat is impractical and there is no evidence of very great hardship to co-owners, the court will order vacant possession and sale of the property subject to the prior rights of Bank of Communications; costs awarded against the estate on full indemnity basis under the mortgage.
11 Jul 2022

KONEW CAPITAL INTERNATIONAL LTD v. LEUNG KAM SHING KITVAN AND ANOTHER

Citation

[2022] HKDC 682
Court

District Court
Case number

DCMP215/2022

Plaintiff proved entitlement to recover outstanding principal and interest, complied with Orders 83A and 88, and by reason of contractual mortgage powers and status under the Partition Ordinance is entitled to possession and a sale of the property; physical partition is impracticable for the small flat and no opposing evidence was filed, therefore an order for sale with reserved price is appropriate and costs are awarded to the plaintiff.
3 Jul 2019

MONEYSQ LTD v. LIU KIT LING AND ANOTHER

Citation

[2019] HKDC 860
Court

District Court
Case number

DCMP3315/2018

The 1st defendant's execution of the mortgage severed the joint tenancy so the mortgagee held an interest as tenant in common; the mortgagee's rights on default conferred an interest in possession such that the plaintiff qualified as a "person interested" under Section 3 of the Partition Ordinance; partition was impracticable for the small residential flat and the 2nd defendant failed to demonstrate very great hardship, therefore the court granted an uncontested money judgment against the 1st defendant and ordered sale of the property.

Hong Kong Case Law

KONEW CAPITAL INTERNATIONAL LTD v. HUI YUK MING AND ANOTHER

MAXCOLM FINANCE LTD v. THE PERSONAL REPRESENTATIVE OF THE ESTATE OF WAN YEE YORK, DECEASED AND ANOTHER

KONEW CAPITAL INTERNATIONAL LTD v. LEUNG KAM SHING KITVAN AND ANOTHER

MONEYSQ LTD v. LIU KIT LING AND ANOTHER