ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD AND OTHERS v. SHEARMAN & STERLING (a firm) AND OTHERS

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD AND OTHERS v. SHEARMAN & STERLING (a firm) AND OTHERS

The court refused the 1st plaintiff's application to rereamend because the proposed amendments were extremely late, introduced fundamentally different allegations that would cause prejudice to the defendants not compensable by costs (loss of documents, faded memory, expanded factual inquiries), and would unfairly...

Source-derived case information.

Citation
ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD AND OTHERS v. SHEARMAN & STERLING (a firm) AND OTHERS
Parties
1st Plaintiff: Asiapac Infrastructure Development Limited; 2nd Plaintiff: Asiapac Infrastructure Finance Limited; 3rd Plaintiff: Asiapac Group Investments Limited; 4th Plaintiff: Greater Beijing Region Expressways Limited; 1st Defendant: Shearman & Sterling (a firm); 2nd Defendant: Shearman & Sterling LLP; 3rd Defendant: Antonia E. Stolper; 4th Defendant: Douglas P. Bartner; 5th Defendant: Andrew V. Tenzer; 6th Defendant: Hsiaochiung Li; 7th Defendant: Matthew D. Bersani; 8th Defendant: Edward L. Turner III; 9th Defendant: Herbert Smith (a firm)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2014
Case Number
HCA806/2006
Procedural Posture
Professional Negligence / Civil Litigation / Interlocutory: Applications for Leave to Rereamend Pleadings and for Security for Costs
Outcome
P1's Amendment Summons dismissed; further security for costs ordered for defendants; stay and dismissal provisions in default; costs orders against 1st plaintiff.
Legal Topics
Amendment of Pleadings, Security for Costs, Limitation, Liquidation, Prejudice to Fair Trial
Source Language
en
Civil Procedure Professional Negligence Insolvency Law Costs Amendment of Pleadings Security for Costs Limitation Liquidation +1 more

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Parties

Asiapac Infrastructure Development Limited

1st Plaintiff

Asiapac Infrastructure Finance Limited

2nd Plaintiff

Asiapac Group Investments Limited

3rd Plaintiff

Greater Beijing Region Expressways Limited

4th Plaintiff

Shearman & Sterling (a firm)

1st Defendant

Shearman & Sterling LLP

2nd Defendant

Antonia E. Stolper

3rd Defendant

Douglas P. Bartner

4th Defendant

Andrew V. Tenzer

5th Defendant

Hsiaochiung Li

6th Defendant

Matthew D. Bersani

7th Defendant

Edward L. Turner III

8th Defendant

Herbert Smith (a firm)

9th Defendant

Procedural Posture

Professional Negligence / Civil Litigation / Interlocutory: Applications for Leave to Rereamend Pleadings and for Security for Costs

Legal Issues

  1. 1 Whether the proposed rereamendments introducing a 'surrender and pay up' negligence case should be permitted given delay and prejudice
  2. 2 Whether additional security for costs should be ordered against the 1st plaintiff in liquidation
  3. 3 What is the appropriate quantum of additional security for costs

Ratio Decidendi

The court refused the 1st plaintiff's application to rereamend because the proposed amendments were extremely late, introduced fundamentally different allegations that would cause prejudice to the defendants not compensable by costs (loss of documents, faded memory, expanded factual inquiries), and would unfairly change the character of the case. The court granted defendants' applications for further security for costs because the 1st plaintiff is in liquidation, its backers were unwilling to fund the litigation, and further security was necessary to protect defendants from irrecoverable costs; quantified additional security was set at HK$3,400,000 for defendants 1–8 and HK$3,100,000 for...

Court Disposition

P1's Amendment Summons dismissed; further security for costs ordered for defendants; stay and dismissal provisions in default; costs orders against 1st plaintiff.

Orders

  • P1's Amendment Summons is dismissed.
  • The 1st plaintiff do pay into court within 2 months from the date hereof the sum of HK$3,400,000 as further security for the 1st to 8th defendants' costs in this action up to and including completion of discovery, exchange of witness statements and expert evidence.