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Sino Ray Investment Ltd t/a Sino Ray Petroleum Co v. Lin Lipan and Another

Read the full judgment text of HCMP 133/2023 on BabelCite. This High Court CFI judgment was delivered on 21 March 2023.

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.

Case No.HCMP 133/2023[2023] HKCFI 856
Court
High Court CFI
Date21 Mar 2023
Judge—
Case Document
100%Judiciary

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

________________

  IN THE MATTER OF a Charging Order Absolute dated 24 November 2022 in HCA 875/2022
  and
  IN THE MATTER OF Lanrich Oil (Asia) Limited (Hong Kong Company Number 1483718
  and
  IN THE MATTER OF Sections 20(1), 20A(2)(b)(ii) and 20B(3) of High Court Ordinance, Cap 4, Laws of Hong Kong
  and
  IN THE MATTER OF Sections 151 and 152 of the Companies Ordinance, Cap 622, Laws of Hong Kong

________________

BETWEEN
  SINO RAY INVESTMENT LIMITED Plaintiff
  （柏威投資有限公司）trading as  
  SINO RAY PETROLEUM COMPANY  
  （柏威石油公司）  
  and  
  LIN LIPAN（林立盤） 1st Defendant
  LANRICH OIL (ASIA) LIMITED 2nd Defendant
  （立富石油（亞洲）有限公司）  

________________

Before: Hon Harris J in Chambers
Date of Hearing: 21 March 2023
Date of Decision: 21 March 2023

__________________

D E C I S I O N

__________________

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 2nd Defendant. Despite a request to do so the 1st Defendant director of the 2nd 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 1st Defendant execute the necessary documents and the 2nd 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 1st 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 1st Defendant to the Plaintiff to be taxed if not agreed. I will also grant general liberty to apply.

  (Jonathan Harris)
Judge of the Court of First Instance
High Court

Mr Kwan Ping Kan, instructed by Brenda Chark & Co, for the plaintiff

The 1st defendant was not represented and did not appear

The 2nd defendant was not represented and did not appear