RE HAWKINS DEVELOPMENT LTD

RE HAWKINS DEVELOPMENT LTD

Given the petitioner's foreign status, lack of registration and the expanded scope and hearing length of the petition, the court exercised its discretion to order further security for costs assessed broadly at $500,000 and stayed the petition pending payment, with dismissal and costs consequences if payment is not made within the specified period.

Citation
RE HAWKINS DEVELOPMENT LTD
Parties
Petitioner: Walford International Holdings Inc.; Respondent: Hawkins Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 December 2008
Case Number
HCCW215/2007
Procedural Posture
Winding Up Petition (companies (winding Up) No.215 of 2007) / Interlocutory Application for Security for Costs
Outcome
Petitioner ordered to pay additional security for costs of $500,000 into court within 28 days; proceedings stayed pending payment; failure to provide security within time will result in dismissal of the petition with taxed costs payable by the petitioner to the Company.
Legal Topics
Security for Costs, Winding Up Petition, Stay of Proceedings, Taxation of Costs
Source Language
EN
Company Law Civil Procedure Costs Law Security for Costs Winding Up Petition Stay of Proceedings Taxation of Costs

Case Brief

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Parties

Walford International Holdings Inc.

Petitioner

Hawkins Development Limited

Respondent

Procedural Posture

Winding Up Petition (companies (winding Up) No.215 of 2007) / Interlocutory Application for Security for Costs

Legal Issues

  1. 1 Whether a foreign petitioner not registered in Hong Kong should provide further security for costs
  2. 2 What amount of security is reasonable on a party-and-party basis
  3. 3 Whether the petition should be stayed or dismissed if security is not provided

Ratio Decidendi

Given the petitioner's foreign status, lack of registration and the expanded scope and hearing length of the petition, the court exercised its discretion to order further security for costs assessed broadly at $500,000 and stayed the petition pending payment, with dismissal and costs consequences if payment is not made within the specified period.

Court Disposition

Petitioner ordered to pay additional security for costs of $500,000 into court within 28 days; proceedings stayed pending payment; failure to provide security within time will result in dismissal of the petition with taxed costs payable by the petitioner to the Company.

Orders

  • All proceedings in this petition stayed except for the purpose of the petitioner providing further security for costs
  • Petitioner to pay into court $500,000 within 28 days or such further time the court may allow for special reasons