SINO RAY INVESTMENT LTD t/a SINO RAY PETROLEUM CO v. LIN LIPAN AND ANOTHER
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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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| 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 |
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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） | ||
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| Before: | Hon Harris J in Chambers |
| Date of Hearing: | 21 March 2023 |
| Date of Decision: | 21 March 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 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