EMIGRA INC AND ANOTHER v. STEPHEN DARYL BARNES

EMIGRA INC AND ANOTHER v. STEPHEN DARYL BARNES

Master found on evidence that Barnes is ordinarily resident in Australia for settled purposes; Emigra Asia is a nominal defendant in the counterclaim with likely reasonable costs limited to HK$20,000; accordingly security of HK$20,000 was ordered to be paid into court within 14 days or the counterclaim as to Emigra Asia would be stayed; costs of the application awarded half to applicant as order nisi due to initial procedural drafting irregularity.

Citation
EMIGRA INC AND ANOTHER v. STEPHEN DARYL BARNES
Parties
1st Plaintiff: Emigra Inc; 2nd Plaintiff; 4th Defendant: Emigra Asia Limited; Defendant; Plaintiff (counterclaim): Stephen Daryl Barnes; 1st Defendant (counterclaim): Bradley Henry Cary; 2nd Defendant (counterclaim): Arthur Pendleton Dupuis; 3rd Defendant (counterclaim): Emigra Group LLC
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 July 2008
Case Number
HCA2806/2006
Procedural Posture
Security for Costs Application (order 23) / Interlocutory Security for Costs Application (master's Ruling)
Outcome
Application granted in part
Legal Topics
Security for Costs, Ordinary Residence, Conversion, Share Transfer Dispute, Jurisdiction
Source Language
EN
Civil Procedure Company Law Tort (conversion) Employment Law Security for Costs Ordinary Residence Conversion Share Transfer Dispute +1 more

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Parties

Emigra Inc

1st Plaintiff

Emigra Asia Limited

2nd Plaintiff; 4th Defendant

Stephen Daryl Barnes

Defendant; Plaintiff (counterclaim)

Bradley Henry Cary

1st Defendant (counterclaim)

Arthur Pendleton Dupuis

2nd Defendant (counterclaim)

Emigra Group LLC

3rd Defendant (counterclaim)

Procedural Posture

Security for Costs Application (order 23) / Interlocutory Security for Costs Application (master's Ruling)

Legal Issues

  1. 1 Whether the plaintiff (counterclaimant) is ordinarily resident outside Hong Kong
  2. 2 Whether it is just to order security for costs in all circumstances of the case
  3. 3 Whether the counterclaim is part of the defence or an independent claim

Ratio Decidendi

Master found on evidence that Barnes is ordinarily resident in Australia for settled purposes; Emigra Asia is a nominal defendant in the counterclaim with likely reasonable costs limited to HK$20,000; accordingly security of HK$20,000 was ordered to be paid into court within 14 days or the counterclaim as to Emigra Asia would be stayed; costs of the application awarded half to applicant as order nisi due to initial procedural drafting irregularity.

Court Disposition

Application granted in part

Orders

  • Barnes to pay HK$20,000 into Court within 14 days from service of this order as security for costs of Emigra Asia
  • In default of payment the counterclaim against Emigra Asia to be stayed