MARBLE HOLDING LTD v. YATIN DEVELOPMENT LTD

MARBLE HOLDING LTD v. YATIN DEVELOPMENT LTD

The court balanced the competing estimates of likely hearing length and corresponding counsel and solicitor fees, adopting a mid-point assessment and ordered security for costs in the sum of HK$250,000 as appropriate.

Source-derived case information.

Citation
MARBLE HOLDING LTD v. YATIN DEVELOPMENT LTD
Parties
Plaintiff/respondent: Marble Holding Limited; Defendant/appellant: Yatin Development Limited
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
26 March 2007
Case Number
CACV67/2007
Procedural Posture
Civil Appeal / Application for Security for Costs (on Appeal)
Outcome
Security for costs ordered in the sum of HK$250,000; costs of the application to be costs on the appeal.
Legal Topics
Security for Costs, Costs on Appeal, Assessment of Likely Hearing Costs
Source Language
en
Civil Procedure Costs Security for Costs Costs on Appeal Assessment of Likely Hearing Costs

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Parties

Marble Holding Limited

Plaintiff/respondent

Yatin Development Limited

Defendant/appellant

Procedural Posture

Civil Appeal / Application for Security for Costs (on Appeal)

Legal Issues

  1. 1 Whether security for costs should be ordered
  2. 2 What is the appropriate amount of security for costs
  3. 3 Who should bear the costs of the security application

Ratio Decidendi

The court balanced the competing estimates of likely hearing length and corresponding counsel and solicitor fees, adopting a mid-point assessment and ordered security for costs in the sum of HK$250,000 as appropriate.

Court Disposition

Security for costs ordered in the sum of HK$250,000; costs of the application to be costs on the appeal.

Orders

  • Defendant/Appellant to provide security for costs in the sum of HK$250,000
  • Costs of the security for costs application to be costs on the appeal