ALVIERO MARTINI S.P.A. v. BUBBLE RETAIL MANAGEMENT LTD AND OTHERS

ALVIERO MARTINI S.P.A. v. BUBBLE RETAIL MANAGEMENT LTD AND OTHERS

Plaintiff failed to discharge the burden of proving substantial realisable assets in Hong Kong sufficient to satisfy defendants' costs; orthodox security (deposit or HK bank guarantee) must be ordered and the requested amounts are appropriate: top-up HK$2,000,000 for 1st/2nd and HK$800,000 for 3rd/4th; costs of the application assessed and payable by plaintiff; failure to provide security within 28 days will result in dismissal/strike out of the action.

Citation
ALVIERO MARTINI S.P.A. v. BUBBLE RETAIL MANAGEMENT LTD AND OTHERS
Parties
Plaintiff: Alviero Martini S.p.A.; 1st Defendant: Bubble Retail Management Limited; 2nd Defendant: Lau Kai Yiu; 3rd Defendant: Sobdeall International Fashion Company Limited; 4th Defendant: Ho Wai-Xin
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 October 2013
Case Number
HCA1937/2008
Procedural Posture
Civil — Intellectual Property (passing Off and Trade Mark Infringement) With Interlocutory Applications / Interlocutory — Application for Security for Costs Under Order 23 R.1 (pre Trial)
Outcome
Security for costs ordered: plaintiff to provide further security by cash deposit or HK bank guarantee within 28 days; proceedings stayed pending compliance; failure to comply will result in dismissal/strike out; costs of the application awarded to defendants.
Legal Topics
Security for Costs, Passing Off, Trade Mark Infringement, Reciprocal Enforcement of Judgments
Source Language
EN
Civil Procedure Intellectual Property Enforcement/conflict of Laws Security for Costs Passing Off Trade Mark Infringement Reciprocal Enforcement of Judgments

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Parties

Alviero Martini S.p.A.

Plaintiff

Bubble Retail Management Limited

1st Defendant

Lau Kai Yiu

2nd Defendant

Sobdeall International Fashion Company Limited

3rd Defendant

Ho Wai-Xin

4th Defendant

Procedural Posture

Civil — Intellectual Property (passing Off and Trade Mark Infringement) With Interlocutory Applications / Interlocutory — Application for Security for Costs Under Order 23 R.1 (pre Trial)

Legal Issues

  1. 1 Whether security for costs should be ordered against a foreign plaintiff
  2. 2 Whether the plaintiff has substantial assets in Hong Kong to satisfy a costs order
  3. 3 Proper quantum of security up to and including an 11-day trial

Ratio Decidendi

Plaintiff failed to discharge the burden of proving substantial realisable assets in Hong Kong sufficient to satisfy defendants' costs; orthodox security (deposit or HK bank guarantee) must be ordered and the requested amounts are appropriate: top-up HK$2,000,000 for 1st/2nd and HK$800,000 for 3rd/4th; costs of the application assessed and payable by plaintiff; failure to provide security within 28 days will result in dismissal/strike out of the action.

Court Disposition

Security for costs ordered: plaintiff to provide further security by cash deposit or HK bank guarantee within 28 days; proceedings stayed pending compliance; failure to comply will result in dismissal/strike out; costs of the application awarded to defendants.

Orders

  • Plaintiff to pay additional security for costs to court within 28 days of HK$2,000,000 in respect of the 1st and 2nd defendants (top-up)
  • Plaintiff to pay security for costs to court within 28 days of HK$800,000 in respect of the 3rd and 4th defendants