ERIC CHAN & CO. (a firm) v. WONG KWOK WANG WARREN

DCCJ1155/2008

IN THE DISTRICT COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

CIVIL ACTION NO 1155 OF 2008

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D E C I S I O N

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1.  At the end of the hearing on the plaintiff’s summons dated 2 September 2015 concerning the question of interest, I went on to make the following order by consent:

(1)  that Final Judgment be entered against the defendant for the sum of $508,221;

(2)  that there shall be payment out from the money paid by the defendant into court for the satisfaction of the judgment sum of $508,221.

2.  As soon as the order was made, the defendant changed his mind and refused to agree to the order for payment out. The defendant now objects to the payment out on the ground that he would require the plaintiff to make a payment in court as security for costs in relation to the plaintiff’s earlier application for the Mareva injunction, which, the defendant submitted, had been improperly made.

3.  Since there is presently no such application for security for costs, I explained to Mr Wong (the defendant) that the court is unable to deal with the question of payment by the plaintiff into court as security for costs.

4.  Since Mr Wong’s change of mind came almost immediately after the consent order had been made, and in light of his objection, I grant him leave to withdraw his consent having been made to the order for payment out, and set aside that part of the order dealing with payment out.