SANCTUARY SYSTEMS LTD v. ORIENT INTERNATIONAL HOLDINGS HONG KONG CO LTD AND ANOTHER

SANCTUARY SYSTEMS LTD v. ORIENT INTERNATIONAL HOLDINGS HONG KONG CO LTD AND ANOTHER

Leave to adduce Mainland expert evidence constituted a material change of circumstances justifying further security; only additional costs arising since Master Kwang's prior order were to be considered; fees for senior counsel were not justified; on that basis the court ordered further security of HK$430,000 to be paid into court within 21 days, failing which further proceedings be stayed, and ordered costs of the application at HK$35,000 (order nisi).

Citation
SANCTUARY SYSTEMS LTD v. ORIENT INTERNATIONAL HOLDINGS HONG KONG CO LTD AND ANOTHER
Parties
Plaintiff: Sanctuary Systems Limited; 1st Defendant: Orient International Holdings Hong Kong Co Limited; 2nd Defendant: Cosco Construction International General Contracting Group Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 July 2013
Case Number
HCA479/2010
Procedural Posture
Civil Action (security for Costs) / Interlocutory Application for Security for Costs (third Application)
Outcome
Plaintiff ordered to pay further security of HK$430,000 into court within 21 days; failing which all further proceedings stayed; plaintiff granted costs of this application summarily assessed at HK$35,000 (order nisi).
Legal Topics
Security for Costs, Expert Evidence on Foreign Law, Quantum of Costs, Stay of Proceedings, Costs of Interlocutory Application
Source Language
EN
Civil Procedure Costs Evidence Commercial Litigation Security for Costs Expert Evidence on Foreign Law Quantum of Costs Stay of Proceedings +1 more

Case Brief

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Parties

Sanctuary Systems Limited

Plaintiff

Orient International Holdings Hong Kong Co Limited

1st Defendant

Cosco Construction International General Contracting Group Limited

2nd Defendant

Procedural Posture

Civil Action (security for Costs) / Interlocutory Application for Security for Costs (third Application)

Legal Issues

  1. 1 Whether the court had jurisdiction to order further security despite a prior order covering completion of trial
  2. 2 Whether there was a material change of circumstances since the prior security order
  3. 3 Whether only additional costs since the prior order should be taken into account

Ratio Decidendi

Leave to adduce Mainland expert evidence constituted a material change of circumstances justifying further security; only additional costs arising since Master Kwang's prior order were to be considered; fees for senior counsel were not justified; on that basis the court ordered further security of HK$430,000 to be paid into court within 21 days, failing which further proceedings be stayed, and ordered costs of the application at HK$35,000 (order nisi).

Court Disposition

Plaintiff ordered to pay further security of HK$430,000 into court within 21 days; failing which all further proceedings stayed; plaintiff granted costs of this application summarily assessed at HK$35,000 (order nisi).

Orders

  • Plaintiff to provide security of HK$430,000 into court within 21 days, failing which all further proceedings be stayed.
  • Costs of this application to the plaintiff summarily assessed at HK$35,000 (order nisi), including costs reserved on 29 May 2013.