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HCMP 1452/2020
[2021] HKCFI 2950
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
MISCELLANEOUS PROCEEDINGS NO 1452 OF 2020
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IN THE MATTER of Order 88 of the Rules of the High Court, Cap. 4A; |
AND IN THE MATTER of the property known as Flat 3 on 5th Floor (together with the Roof B3 appertaining thereto) of Block B and Car Parking Space No. 17 on the Lower Ground Floor, Billion Terrace, Nos. 137-139 Blue Pool Road, Hong Kong; |
AND IN THE MATTER of the property known as Office No. 8 on 17th Floor of Tower II, Admiralty Centre, No. 18 Harcourt Road, Hong Kong; |
AND IN THE MATTER of the property known as Flat B on 31st Floor and Car Parking Space No. 17 on the 1st Basement Floor, The Colonnade, No. 152 Tai Hang Road, Hong Kong; |
AND IN THE MATTER of the property comprised in a Mortgage dated 2 December 2005 made between (i) the Mortgagor GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司); (ii) the Borrowers GNT OIL COMPANY LIMITED and GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司); and (iii) the Lender UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) and registered in the Land Registry by Memorial No. 05120501650030; |
AND IN THE MATTER of the property comprised in a Mortgage dated 2 December 2005 made between (i) the Mortgagor GNT OIL COMPANY LIMITED; (ii) the Borrowers GNT OIL COMPANY LIMITED and GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司); and (iii) the Lender UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) and registered in the Land Registry by Memorial No. 05120501650029; |
AND IN THE MATTER of the property comprised in a Mortgage dated 26 May 2016 made between (i) the Mortgagor GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司); (ii) the Borrowers GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司) and GNT OIL COMPANY LIMITED; and (iii) the Lender UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) and registered in the Land Registry by Memorial No. 16062100740020; |
AND IN THE MATTER of the property comprised in a Further Charge dated 6 April 2011 made between (i) the Mortgagor GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司); (ii) the Borrowers GNT OIL COMPANY LIMITED, GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司) and GRACEWOOD PETROLEUM (SINGAPORE) PTE. LTD.; and (iii) the Lender UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) and registered in the Land Registry by Memorial No. 11041401810056; |
AND IN THE MATTER of the property comprised in a Further Charge dated 6 April 2011 made between (i) the Mortgagor GNT OIL COMPANY LIMITED; (ii) the Borrowers GNT OIL COMPANY LIMITED, GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司) and GRACEWOOD PETROLEUM (SINGAPORE) PTE. LTD.; and (iii) the Lender UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) and registered in the Land Registry by Memorial No. 11041401810046; |
AND IN THE MATTER of a Letter of Guarantee dated 1 April 2014 executed by GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司) in favour of UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) to secure the indebtedness owed due and/or payable by GNT OIL COMP ANY LIMITED and GRACEWOOD PETROLEUM (SINGAPORE) PTE. LTD. to UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)); |
AND IN THE MATTER of a Letter of Guarantee dated 1 April 2014 executed by GNT OIL COMPANY LIMITED in favour of UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) to secure the indebtedness owed due and/or payable by GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司) and GRACEWOOD PETROLEUM (SINGAPORE) PTE. LTD. to UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)); |
AND IN THE MATTER of a Letter of Guarantee dated 1 April 2014 executed by WONG KAI WA (王佳華) in favour of UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) to secure the indebtedness owed due and/or payable by GRACEWOOD INTERNATIONAL LIMITED (佳豪國際有限公司), GNT OIL COMPANY LIMITED and GRACEWOOD PETROLEUM (SINGAPORE) PTE. LTD. to UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)); |
AND IN THE MATTER of an application for an Order for possession and payment by UNITED OVERSEAS BANK LIMITED (incorporated in Singapore with limited liability) (大華銀行有限公司 (於新加坡註冊成立的有限公司)) |
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| BETWEEN |
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UNITED OVERSEAS BANK LIMITED
(incorporated in Singapore with limited liability)
(大華銀行有限公司(於新加坡註冊成立的有限公司)) |
Plaintiff |
and |
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GRACEWOOD INTERNATIONAL LIMITED
(佳豪國際有限公司) |
1st Defendant |
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GNT OIL COMPANY LIMITED |
2nd Defendant |
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WONG KAI WA ( 王佳華) |
3rd Defendant |
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Before: Deputy High Court Judge Leung in Court
Date of Hearing: 30 August 2021
Date of Judgment: 28 October 2021
Date of Corrigendum: 4 January 2022
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C O R R I G E N D U M
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Please note the following in the Judgment dated 28 October 2021:
1. The date “9 October 2021” mentioned in paragraph 59 should read “9 October 2020”
2. Paragraph 66, between lines D and E, the amount “US$24,795,658.99” should read “US$24,416,440.20”
3. Paragraph 66, between lines F and G, the date “9 October 2021” should read “9 October 2020”
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( Minnie Ko )
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for Registrar, High Court |
Mr Michael Lok, instructed by Wilkinson & Grist, for the plaintiff
Mr Bernard Man SC, leading Mr Byron Chiu, instructed by Stephenson Harwood, for the 1st to 3rd defendants
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