SOLOMS WAKNINE & BARONELLI LTD v. MING CHEONG MANUFACTURING CO LTD AND OTHERS

SOLOMS WAKNINE & BARONELLI LTD v. MING CHEONG MANUFACTURING CO LTD AND OTHERS

Where a hearing is later estimated to exceed the period covered by a prior consent order for security for costs and the plaintiffs' case remains untested and discovery incomplete, the court may order additional security for the excess period; here the court ordered additional security of $32,632 payable within 28 days or the action to be dismissed.

Citation
SOLOMS WAKNINE & BARONELLI LTD v. MING CHEONG MANUFACTURING CO LTD AND OTHERS
Parties
1st Plaintiff: SOLOMO WAKNINE; 2nd Plaintiff: BARONELLI LIMITED; 1st Defendant: KING CHEUNG MANUFACTURING COMPANY LIMITED; 2nd Defendant: KONG SUN DYEING WORKS LIMITED; 3rd Defendant: JOSEPH LAU MAN WAI
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
9 November 1984
Case Number
HCA3656/1983
Procedural Posture
Civil Security for Costs Application / Interlocutory Application After Partial Hearing and Adjournment
Outcome
Further security for costs granted
Legal Topics
Security for Costs, Consent Order, Dismissal for Non Payment, Assessment of Hearing Length
Source Language
EN
Civil Procedure Costs Commercial Litigation Security for Costs Consent Order Dismissal for Non Payment Assessment of Hearing Length

Case Brief

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Parties

SOLOMO WAKNINE

1st Plaintiff

BARONELLI LIMITED

2nd Plaintiff

KING CHEUNG MANUFACTURING COMPANY LIMITED

1st Defendant

KONG SUN DYEING WORKS LIMITED

2nd Defendant

JOSEPH LAU MAN WAI

3rd Defendant

Procedural Posture

Civil Security for Costs Application / Interlocutory Application After Partial Hearing and Adjournment

Legal Issues

  1. 1 Whether a prior consent order for security for costs covering an agreed estimate of hearing days bars a further application for security for additional hearing days
  2. 2 Whether the plaintiff's commenced but untested evidence and incomplete discovery permit the court to decline further security on merits grounds
  3. 3 Proper calculation and quantum of further security for costs and consequences of non-payment

Ratio Decidendi

Where a hearing is later estimated to exceed the period covered by a prior consent order for security for costs and the plaintiffs' case remains untested and discovery incomplete, the court may order additional security for the excess period; here the court ordered additional security of $32,632 payable within 28 days or the action to be dismissed.

Court Disposition

Further security for costs granted

Orders

  • Further security in the sum of $32,632 to be paid into court within 28 days
  • If payment is not made within 28 days the action will stand dismissed