LAU SHUN FU AND ANOTHER v. LAU WAI PING

LAU SHUN FU AND ANOTHER v. LAU WAI PING

The court held that the plaintiffs failed to show a high degree of probability of success and that reciprocal enforcement with Australia did not, on the facts, outweigh the factors favoring security; accordingly security for costs was justified and HK$100,000 was ordered as a fair quantum to be paid into court...

Source-derived case information.

Citation
LAU SHUN FU AND ANOTHER v. LAU WAI PING
Parties
Plaintiff: 1st Plaintiff; Plaintiff: 2nd Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 October 2007
Case Number
DCPI833/2006
Procedural Posture
Civil (personal Injury/security for Costs) / Interlocutory Security for Costs Application
Outcome
Security for costs granted: plaintiffs ordered to pay HK$100,000 into court within 21 days; costs of the application to be to the Defendant and to be grossly assessed.
Legal Topics
Security for Costs, Reciprocal Enforcement, Merits Assessment, Quantum of Security, Foreign Plaintiff Residence
Source Language
en
Civil Procedure Security for Costs Enforcement of Judgments Personal Injury Reciprocal Enforcement Merits Assessment Quantum of Security Foreign Plaintiff Residence

Source-derived case record

Summary, issues, holding and outcome

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Parties

1st Plaintiff

Plaintiff

2nd Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil (personal Injury/security for Costs) / Interlocutory Security for Costs Application

Legal Issues

  1. 1 Whether the plaintiffs' claim has a high degree of probability of success such that security should be refused
  2. 2 Whether reciprocal enforcement between Hong Kong and Australia precludes ordering security for costs
  3. 3 What is the appropriate quantum of security for costs

Ratio Decidendi

The court held that the plaintiffs failed to show a high degree of probability of success and that reciprocal enforcement with Australia did not, on the facts, outweigh the factors favoring security; accordingly security for costs was justified and HK$100,000 was ordered as a fair quantum to be paid into court within 21 days, with costs of the application to the defendant to be grossly assessed.

Court Disposition

Security for costs granted: plaintiffs ordered to pay HK$100,000 into court within 21 days; costs of the application to be to the Defendant and to be grossly assessed.

Orders

  • Plaintiffs to pay into Court HK$100,000 as security for the Defendant's costs up to the end of trial within 21 days
  • Costs of the security for costs application to the Defendant and to be grossly assessed