SINO RAY INVESTMENT LTD t/a SINO RAY PETROLEUM CO v. LIN LIPAN AND ANOTHER

HCMP 133/2023

[2023] HKCFI 856

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

MISCELLANEOUS PROCEEDINGS NO 133 OF 2023

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D E C I S I O N

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1.  I have before me an originating summons dated 26 January 2023. The Plaintiff seeks an order which enables enforcement of a charging order absolute made on 24 November 2022 in HCA 875/2022 in respect of a judgment in those proceedings.

2.  In short, the charging order absolute is over shares in the 2^nd Defendant. Despite a request to do so the 1^st Defendant director of the 2^nd Defendant has not executed the necessary instruments of transfer and bought and sold notes.

3.  The Defendants did not appear before me today. I will make an order that the 1^st Defendant execute the necessary documents and the 2^nd Defendant register the transfer subsequent to their execution.

4.  I will also make an order which permits a solicitor from the Plaintiff’s solicitor’s firm to execute the necessary documents if the 1^st Defendant fails to do so within 10 clear calendar days of a written request being sent to him. The costs of these proceedings are to be paid by the 1^st Defendant to the Plaintiff to be taxed if not agreed. I will also grant general liberty to apply.