Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Security paid into court

Legal area

Court

3 Mar 2009

黄卫华 v. 郭雅珊

Citation

黄卫华 v. 郭雅珊
Court

Lands Tribunal
Case number

LDPD2734/2008

Because the Respondent admitted non-payment of rent and did not pay the difference or into Court, and no special circumstances justified departing from the usual rule, the Applicant was entitled to costs for the Application, the call-over of 26 November 2008 and the hearing of 15 January 2009; the hearing of 15 December 2008 was adjourned by consent and no order as to costs was appropriate for that hearing.
28 Jul 2004

RE MAK KAM MUN

Citation

RE MAK KAM MUN
Court

Court of First Instance
Case number

HCB8607/2001

The stay under s9(5) was removed and the petitions dismissed because there was a material change of circumstances (no realistic prospect of criminal prosecution and substantial unexplained delay in civil proceedings), the prolonged retention of security and stay caused significant prejudice to the debtors, the alleged debt was disputed and partially covered by payment into court, and the proper forum to resolve disputed liability is the civil court rather than the bankruptcy jurisdiction.