ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER

The application for additional security was dismissed because the trial was imminent, the plaintiffs had relied on the substantial security previously ordered, there was no material change in circumstances justifying more security, and recent costs developments had favored the plaintiffs.

Citation
ESQUIRE (ELECTRONICS) LTD v. THE HONG KONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
Parties
Plaintiff: Esquire (Electronics) Limited; Plaintiff: Magic Score Limited; 1st Defendant: The Hong Kong and Shanghai Banking Corporation Limited; 2nd Defendant: Wayfoong Property Limited (formerly HS Property Management Limited)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2003
Case Number
HCA11077/1994
Procedural Posture
Civil Application for Security for Costs / Interlocutory Pre Trial Application (application for Further Security)
Outcome
Defendants' application for additional security dismissed
Legal Topics
Security for Costs, Interrogatories, Timing of Applications, Prejudice and Reliance on Prior Orders
Source Language
EN
Civil Procedure Costs Commercial Litigation Security for Costs Interrogatories Timing of Applications Prejudice and Reliance on Prior Orders

Case Brief

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Parties

Esquire (Electronics) Limited

Plaintiff

Magic Score Limited

Plaintiff

The Hong Kong and Shanghai Banking Corporation Limited

1st Defendant

Wayfoong Property Limited (formerly HS Property Management Limited)

2nd Defendant

Procedural Posture

Civil Application for Security for Costs / Interlocutory Pre Trial Application (application for Further Security)

Legal Issues

  1. 1 Whether the defendants are entitled to further security for costs
  2. 2 Whether the application for further security is timely given proximity to trial
  3. 3 Whether changes since the prior security order justify additional security

Ratio Decidendi

The application for additional security was dismissed because the trial was imminent, the plaintiffs had relied on the substantial security previously ordered, there was no material change in circumstances justifying more security, and recent costs developments had favored the plaintiffs.

Court Disposition

Defendants' application for additional security dismissed

Orders

  • Defendants' application for additional security dismissed
  • Defendants to pay the costs of the application to the plaintiffs