Hong Kong Case Law: Decisions & Judgments

Topic

Situs of debt

Legal area

Court

25 Feb 2021

TRANSUNION LTD v. HONGKONG TAIJIN INDUSTRY LTD AND OTHERS

Citation

[2021] HKCFI 484
Court

Court of First Instance
Case number

HCA1353/2019

The Decision is interlocutory and does not determine the substantive rights of Zall within the meaning of Order 59 r 21(1)(a); consequently leave under HCO s14AA was required and, applying the standard for leave, Zall's proposed appeal had no reasonable prospect of success given the evidence supporting jurisdiction (Zall's Hong Kong residence and loan situs) and the lack of merit in the double jeopardy argument, so leave to appeal was refused.
1 Feb 2021

TRANSUNION LTD v. HONGKONG TAIJIN INDUSTRY LTD AND OTHERS

Citation

[2021] HKCFI 259
Court

Court of First Instance
Case number

HCA1353/2019

The court found on the evidence that Zall carried on investment holding business in Hong Kong (Hong Kong address used for correspondence with bank and securities firms, Hong Kong bank and securities accounts used to receive and deploy the loan funds, and assets comprising shares listed in Hong Kong) and that, in conjunction with Loan Agreements governed by Hong Kong law with Hong Kong dispute resolution clauses, the loans were to be repaid in Hong Kong so the debts were situate in Hong Kong; further, Order 49 r8 meant payments by Zall to plaintiff would validly discharge Zall's liabilities an…
31 Oct 2013

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

AAL is resident within the jurisdiction of the Hong Kong court and, on the evidence, acted in concert with FM and other Lippo Group entities; the BANI arbitration and Indonesian measures were part of a collusive strategy to frustrate enforcement and thus any risk of double jeopardy is self-inflicted and not a bar to relief. Accordingly the requirements of Order 49 are satisfied and the garnishee order nisi is made absolute and AAL's applications to set aside are dismissed.
10 Aug 2012

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

Citation

ASTRO NUSANTARA INTERNATIONAL B.V. AND OTHERS<br> v. PT AYUNDA PRIMA MITRA AND OTHERS
Court

Court of Appeal
Case number

CACV71/2012

The court has jurisdiction to order a garnishee within Hong Kong to pay sums into court where the debt is properly recoverable in Hong Kong; whether to do so is a discretionary exercise to be used only in exceptional circumstances. On the evidence before the court the jurisdictional objection was not made out and the judge did not err in exercising his discretion to require payment into court to preserve the judgment creditor's rights pending resolution of related foreign and domestic setting-aside applications, because the order preserved the status quo, avoided risk of non‑payment and was n…
12 Apr 2012

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

Leave to appeal was granted because the garnishee advanced new jurisdictional arguments and authorities (not addressed in the original hearing) that could lead an appellate court to revisit the exercise of discretion; a stay of execution was granted because the appellate court must consider these fresh arguments and there is a realistic prospect that the decision may be altered, and because the lower court had not been adequately assisted previously; costs were reserved to the appellate court.
14 May 1986

KWOK CHI LEUNG KARL v. THE COMMISSIONER OF ESTATE DUTY

Citation

KWOK CHI LEUNG KARL v. THE COMMISSIONER OF ESTATE DUTY
Court

Court of First Instance
Case number

HCMP2745/1985

A non-negotiable promissory note that by its terms is payable only in Monrovia and recoverable only without the jurisdiction has its situs outside Hong Kong, notwithstanding that the debtor company had significant management ties to Hong Kong; therefore the promissory note was not part of the deceased's Hong Kong estate for Estate Duty purposes under s.10(b).

Hong Kong Case Law

TRANSUNION LTD v. HONGKONG TAIJIN INDUSTRY LTD AND OTHERS

TRANSUNION LTD v. HONGKONG TAIJIN INDUSTRY LTD AND OTHERS

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

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

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

KWOK CHI LEUNG KARL v. THE COMMISSIONER OF ESTATE DUTY