Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Procedure for enforcement

  • 20 Jan 2010

    URBAN PROPERTY MANAGEMENT LTD AND ANOTHER v. TSANG WING LAM

    Citation
    URBAN PROPERTY MANAGEMENT LTD AND ANOTHER v. TSANG WING LAM
    Court
    District Court
    Case number
    DCMP3128/2009

    Because the court had previously refused to discharge the charging order, the Defendant's application to dismiss the enforcement action lacked merit; the enforcement must proceed by separate proceedings under Order 88 r.5A, there was no abuse of process as the earlier related action had no outstanding matters, and consequently the Defendant's summonses were dismissed and the enforcement action adjourned for a Master to give directions with no order as to costs (costs nisi to become absolute after 14 days).

  • 12 Jun 1976

    KEN KEE SECURITIES CO v. WONG YING CHEONG

    Citation
    KEN KEE SECURITIES CO v. WONG YING CHEONG
    Court
    Court of First Instance
    Case number
    HCA1657/1973

    Order 31 rules 1 and 2 do not authorize the sale of land subject to a charging order in the present action because the original cause was for recovery of money and there was no action relating to land; a charging order on land is to be enforced as an equitable charge by originating summons under the appropriate rule (Order 88 r.1), and therefore the inter-parte summons brought under Order 31 was an inappropriate procedure and must be dismissed.