BRAND FARRAR BUXBAUM LLP. v. SAMUEL-ROZENBAUM DIAMOND LTD

BRAND FARRAR BUXBAUM LLP. v. SAMUEL-ROZENBAUM DIAMOND LTD

The Execution Summons seeking leave to issue execution against Ilan Samuel is in the nature of an action (it determines substantive liability) so Samuel is a 'defendant' for Order 23, rule 1; the Plaintiff is a foreign plaintiff; balancing the interests and prospects, the Court exercised its discretion to order security for costs of HK$150,000 and stayed the Execution Summons until security is furnished.

Citation
BRAND FARRAR BUXBAUM LLP. v. SAMUEL-ROZENBAUM DIAMOND LTD
Parties
Plaintiff (judgment Creditor): Brand Farrar Buxbaum LLP; Defendant (judgment Debtor): Samuel-Rozenbaum Diamond Limited; Defendant (judgment Debtor): Samuel-Rozenbaum Diamond (1992) Limited; Claimant: Samuel-Rozenbaum HK Limited; Applicant / Judgment Debtor (respondent to Execution Summons): Ilan Samuel
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 November 2003
Case Number
HCA5191/1998
Procedural Posture
Application for Security for Costs and Leave to Issue Execution / Interlocutory Application Heard by Master; Reasons for Decision Delivered
Outcome
Security for costs ordered and Execution Summons stayed until security furnished
Legal Topics
Security for Costs, Leave to Issue Execution, Oral Examination, Jurisdiction to Order Security, Foreign Plaintiff Status
Source Language
EN
Civil Procedure Enforcement of Judgment Company Law Costs Security for Costs Leave to Issue Execution Oral Examination Jurisdiction to Order Security +1 more

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Parties

Brand Farrar Buxbaum LLP

Plaintiff (judgment Creditor)

Samuel-Rozenbaum Diamond Limited

Defendant (judgment Debtor)

Samuel-Rozenbaum Diamond (1992) Limited

Defendant (judgment Debtor)

Samuel-Rozenbaum HK Limited

Claimant

Ilan Samuel

Applicant / Judgment Debtor (respondent to Execution Summons)

Procedural Posture

Application for Security for Costs and Leave to Issue Execution / Interlocutory Application Heard by Master; Reasons for Decision Delivered

Legal Issues

  1. 1 Whether applicant (Ilan Samuel) is a defendant for the purpose of Order 23, rule 1
  2. 2 Whether the Plaintiff is a foreign plaintiff for the purpose of ordering security for costs
  3. 3 Whether the Execution Summons is in the nature of an action (capable of attracting security) or merely interlocutory

Ratio Decidendi

The Execution Summons seeking leave to issue execution against Ilan Samuel is in the nature of an action (it determines substantive liability) so Samuel is a 'defendant' for Order 23, rule 1; the Plaintiff is a foreign plaintiff; balancing the interests and prospects, the Court exercised its discretion to order security for costs of HK$150,000 and stayed the Execution Summons until security is furnished.

Court Disposition

Security for costs ordered and Execution Summons stayed until security furnished

Orders

  • The Plaintiff do furnish security for costs incurred and to be incurred by Mr Ilan Samuel in the Plaintiff's Summons dated 21 July 2003 in the sum of HK$150,000.00 by way of payment into court or other mode to be determined by the Court if not agreed within 42 days from the date of the Order.
  • The proceedings in respect of the Plaintiff's said Summons dated 21 July 2003 be stayed until the said security is given by the Plaintiff.