Read the full judgment text of HCCT 41/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 12 July 2021 before Deputy High Court Judge To in Chambers.
Procedure — Application under section 25A High Court Ordinance — Execution of documents by order of the Court — Non-compliance with final order directing share transfer — Service effected via Mainland court — Hearing in absence of Respondent — Registrar or solicitor authorized to execute documents — Costs recoverable. The Applicant obtained an arbitration award and subsequent final court order that 62.68% shares in Fuma International Limited be transferred to him. The Respondent failed to comply with that order. Under section 25A, the Court may order a nominated person to execute the relevant documents if the Respondent neglects or refuses to comply or cannot be found after reasonable inquiry. Service of the summons and notices on the Respondent was effected properly by Mainland court. The Respondent did not respond or attend the hearing, which was vacated for paper determination. The Court was satisfied service was proper and expedient to proceed in absence of the Respondent. The Court authorized the Applicant’s solicitors' senior partner to execute the share transfer documents and ordered costs payable by the Respondent to the Applicant to be taxed if not agreed.
Legal issues: Application under section 25A of the High Court Ordinance
Outcome: Application allowed; senior partner of Applicant’s solicitors authorized to execute transfer documents; costs to be paid by Respondent to Applicant.
Cited by 2 cases · Cites 1 case