ECKART WILHELM HALLER v. HALLER INTERNATIONAL LTD. AND ANOTHER

ECKART WILHELM HALLER v. HALLER INTERNATIONAL LTD. AND ANOTHER

The application for security for costs was dismissed because it was made at a very late stage after the petition was part‑heard, the petitioner had made a prima facie case and there was a real dispute about the company’s finances and possible assets within the jurisdiction; lateness and the failure to apply earlier weighed against ordering security in the exercise of the court’s discretion.

Citation
ECKART WILHELM HALLER v. HALLER INTERNATIONAL LTD. AND ANOTHER
Parties
Petitioner: Eckart Wilhelm Haller; 1st Respondent: Haller International Limited; 2nd Respondent: Artco Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 1999
Case Number
HCCW169/1998
Procedural Posture
Winding Up Petition (companies (winding Up) No.169 of 1998) / Part‑heard; Interlocutory Application for Security for Costs (application Dismissed)
Outcome
Application dismissed
Legal Topics
Winding Up, Security for Costs, Just and Equitable Winding Up, Shareholder Deadlock
Source Language
EN
Company Law Civil Procedure Costs Winding Up Security for Costs Just and Equitable Winding Up Shareholder Deadlock

Case Brief

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Parties

Eckart Wilhelm Haller

Petitioner

Haller International Limited

1st Respondent

Artco Limited

2nd Respondent

Procedural Posture

Winding Up Petition (companies (winding Up) No.169 of 1998) / Part‑heard; Interlocutory Application for Security for Costs (application Dismissed)

Legal Issues

  1. 1 Whether a foreign petitioner should be ordered to give security for costs under O.23 r.1
  2. 2 Whether petitioner lacks sufficient interest/locus standi because there would be no surplus on winding up
  3. 3 Whether the application for security for costs was made too late

Ratio Decidendi

The application for security for costs was dismissed because it was made at a very late stage after the petition was part‑heard, the petitioner had made a prima facie case and there was a real dispute about the company’s finances and possible assets within the jurisdiction; lateness and the failure to apply earlier weighed against ordering security in the exercise of the court’s discretion.

Court Disposition

Application dismissed

Orders

  • Costs of the application including the costs reserved on 7th January 1999 to be paid by the 2nd Respondent to the Petitioner and to be taxed and paid forthwith.