ALDO TRADING LTD v. PARTNER DECORATION ENGINEERING LTD

ALDO TRADING LTD v. PARTNER DECORATION ENGINEERING LTD

The application for further security for costs succeeded because there was a material change of circumstances — specifically the re-fixing of the trial and a significant increase in the estimated trial length — which materially increased likely costs; the court quantified additional security at HK$30,000 after discounting items and ordered the plaintiff (by counterclaim) to pay the costs of the application.

Citation
ALDO TRADING LTD v. PARTNER DECORATION ENGINEERING LTD
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): ALDO TRADING LIMITED; Defendant (original Action); Plaintiff (counterclaim): PARTNER DECORATION ENGINEERING LIMITED; 2nd Defendant (counterclaim): CHARLIE LEE CHUN KEE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 August 2007
Case Number
HCA1199/2005
Procedural Posture
Civil (contract Dispute With Counterclaim) / Interlocutory — Application for Further Security for Costs (chambers)
Outcome
Application for further security for costs granted in part
Legal Topics
Security for Costs, Material Change of Circumstances, Costs Orders, Pre Trial Review, Trial Estimation
Source Language
EN
Civil Procedure Costs Security for Costs Contract Law Material Change of Circumstances Costs Orders Pre Trial Review Trial Estimation

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 4
Sign in to unlock

Parties

ALDO TRADING LIMITED

Plaintiff (original Action); 1st Defendant (counterclaim)

PARTNER DECORATION ENGINEERING LIMITED

Defendant (original Action); Plaintiff (counterclaim)

CHARLIE LEE CHUN KEE

2nd Defendant (counterclaim)

Procedural Posture

Civil (contract Dispute With Counterclaim) / Interlocutory — Application for Further Security for Costs (chambers)

Legal Issues

  1. 1 Whether further security for costs should be ordered
  2. 2 Whether there has been a material change of circumstances since the prior security order
  3. 3 Proper quantum of any additional security ordered

Ratio Decidendi

The application for further security for costs succeeded because there was a material change of circumstances — specifically the re-fixing of the trial and a significant increase in the estimated trial length — which materially increased likely costs; the court quantified additional security at HK$30,000 after discounting items and ordered the plaintiff (by counterclaim) to pay the costs of the application.

Court Disposition

Application for further security for costs granted in part

Orders

  • Plaintiff (by counterclaim) to provide further security for costs of the 2nd defendant (by counterclaim) in the sum of HK$30,000 by payment into court within 28 days of the order
  • Plaintiff (by counterclaim) to pay the 2nd defendant (by counterclaim) the costs of this application, to be taxed if not agreed