Hong Kong Case Law: Decisions & Judgments

Topic

Setting aside foreign judgment

Legal area

Court

8 Dec 2015

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

The court held the Judgment was interlocutory and leave to appeal was required; granted First Media leave to appeal and granted stays of execution pending appeal to both First Media and AAL without imposing Astro's sought payment-into-court condition because compelling reasons for that condition were not established and imposing it risked stifling the appeals; varied costs orders so First Media pays 80% of Astro's costs and awarded specified certificates for counsel.
2 Sept 2015

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

Citation

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

Court of Appeal
Case number

CACV253/2013

Master Lai refused to direct a single hearing for all three appeals because factual and legal overlap was insufficient to justify disposal at the same sitting; directed that the Garnishee Order Appeals be fixed to be heard after disposal of the Setting Aside Appeal (as a successful Setting Aside Appeal would logically dispose of the garnishee appeals), ordered AAL's application to fix a hearing date be deferred until after the Setting Aside Appeal or further order, and ordered costs of the directions hearing to be costs in the cause with certificate for one counsel and apportionment for parti…
15 Oct 2003

ALAN SOH v. THE OWNERS OF THE VESSEL "COLUMBUS CARAVELLE"

Citation

ALAN SOH v. THE OWNERS OF THE VESSEL "COLUMBUS CARAVELLE"
Court

Court of First Instance
Case number

HCAJ282/2000

Because the defendants failed to take appropriate steps in the Malaysian proceedings in a timely manner, causing the Hong Kong Admiralty action to be rendered abortive, the court exercised its wide discretion under Order 21, rule 3(1) to order the defendants to pay the costs of the Hong Kong action (including the discontinuance summons); the discretion under Order 21, rule 3(1) is not confined to the circumstances in Order 62, rule 7 and may take into account overseas conduct that made continuation pointless.
17 May 1999

RE: GRAHAM MEAD also known as GRAHAM PETER MEAD, a Debtor and EX PARTE: MANCHES & CO., a Creditor

Citation

RE: GRAHAM MEAD also known as GRAHAM PETER MEAD, a Debtor and EX PARTE: MANCHES & CO., a Creditor
Court

Court of First Instance
Case number

HCB821/1998

The OSS lacks power to overturn a court judgment; the defect in delivery of the bill was technical and did not render the English default judgment void; the debtor had no meritorious defence and could not pay the judgment debt, therefore a bankruptcy order was justified.

Hong Kong Case Law

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

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

ALAN SOH v. THE OWNERS OF THE VESSEL "COLUMBUS CARAVELLE"

RE: GRAHAM MEAD also known as GRAHAM PETER MEAD, a Debtor and EX PARTE: MANCHES & CO., a Creditor