LIN MING v. JOINTA LTD

LIN MING v. JOINTA LTD

Because the plaintiff failed to comply with the unappealed order for security for costs made on 5 March 2014, and permitting the trial to proceed would defeat the purpose of that order, the court ordered that unless the plaintiff provides the required security (HK$200,000) within 7 days, the trial will be adjourned sine die and the trial dates vacated.

Citation
LIN MING v. JOINTA LTD
Parties
Plaintiff: LIN MING; Defendant: JOINTA LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 July 2014
Case Number
HCA866/2011
Procedural Posture
Civil Action Security for Costs / Pre Trial Review / Application to Adjourn Trial
Outcome
Conditional order: plaintiff given 7 days to provide security for costs; failing which trial adjourned sine die and trial dates vacated.
Legal Topics
Security for Costs, Stay of Proceedings, Adjournment, Vacation of Trial Dates
Source Language
EN
Civil Procedure Costs Case Management Security for Costs Stay of Proceedings Adjournment Vacation of Trial Dates

Case Brief

Summary, issues, holding and outcome

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Parties

LIN MING

Plaintiff

JOINTA LIMITED

Defendant

Procedural Posture

Civil Action Security for Costs / Pre Trial Review / Application to Adjourn Trial

Legal Issues

  1. 1 Whether failure to provide ordered security for costs justifies staying further proceedings and vacating trial dates
  2. 2 Whether the trial should proceed despite non-compliance with an unappealed order for security for costs

Ratio Decidendi

Because the plaintiff failed to comply with the unappealed order for security for costs made on 5 March 2014, and permitting the trial to proceed would defeat the purpose of that order, the court ordered that unless the plaintiff provides the required security (HK$200,000) within 7 days, the trial will be adjourned sine die and the trial dates vacated.

Court Disposition

Conditional order: plaintiff given 7 days to provide security for costs; failing which trial adjourned sine die and trial dates vacated.

Orders

  • Unless the plaintiff provides security for costs in compliance with the master\'s order of 5 March 2014 (HK$200,000) within 7 days, the trial of this action will be adjourned sine die and the trial dates will be vacated.