RE LI XIAOMING

CACV 546/2019, [2024] HKCA 1000

On appeal from [2019] HKCFI 2782

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO 546 OF 2019

(ON APPEAL FROM HCB NO 6083 OF 2018)

________________________

________________________

________________________

J U D G M E N T

________________________

Hon Kwan VP (giving the Judgment of the Court):

1.  On 25 May 2021, we dismissed the debtor’s appeal against the bankruptcy order made by Deputy High Court Judge William Wong, SC on 15 November 2019. The debtor’s notice of motion for leave to appeal to the Court of Final Appeal was dismissed by the Court of Appeal on 31 January 2022.

2.  On 22 April 2024, the petitioner issued a summons seeking release of the security for costs paid into court by the debtor on 7 July 2020 of $400,000 with accrued interest for the partial satisfaction of its costs.

3.  The petitioner’s costs under the orders dated 25 May 2021 and 10 June 2020 in these proceedings were taxed and the amount allowed is $613,225.70[1].

4.  As the debtor did not respond to the petitioner’s proposal for signing a consent summons for the release of the security for costs, the petitioner took out the present summons.

5.  By letter dated 9 May 2024, the Official Receiver indicated she has no comment to this summons.

6.  The Registrar of Civil Appeals directed the solicitors for the debtor to indicate if they have any objection. The solicitors informed the court that the guardian ad litem of the debtor (appointed on 12 June 2024) and the trustee in bankruptcy both take a neutral stance.

7.  We order the sum of $400,000 paid into court by the debtor as security for costs be released to the petitioner forthwith through its solicitors, with accrued interest, as partial satisfaction of the petitioner’s costs.

8.  We further order the debtor to pay the petitioner’s costs of this summons. We direct the petitioner’s solicitors to lodge a statement of costs for summary assessment within 14 days hereof, with leave to the debtor to lodge objections within 7 days thereafter.