WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS

Because the applicants are resident out of the jurisdiction, undertakings or maintainable bank balances were inadequate or unenforceable substitutes, and the applicants' asserted loss-of-opportunity counterclaim was weak on the available material, the court ordered payment of security into court (HK$300,000) within 14 days or the application for leave to appeal would be dismissed without further order.

Citation
WINGAMES INVESTMENTS LTD AND OTHERS v. MASCOT LAND LTD AND OTHERS
Parties
1st Plaintiff: Wingames Investments Limited; 2nd Plaintiff: China Healthcare Holdings Limited; 3rd Plaintiff: CHC Investment Holdings Limited; 1st Defendant: Mascot Land Limited; 2nd Defendant: China Zhongfu Industry Co., Ltd; 3rd Defendant: Shanghai Zhongfu International Trading Co., Ltd; 4th Defendant: Anhui Anhe Investment Consulting Co., Ltd; 5th Defendant: Wang Jisheng; 6th Defendant: Ge Qiansong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 December 2011
Case Number
HCMP2039/2011
Procedural Posture
Court of Appeal Miscellaneous Proceedings (application for Leave to Appeal and Security for Costs) / Interlocutory — Application for Security for Costs in Relation to Leave to Appeal
Outcome
Security for costs ordered; defendants to pay HK$300,000 into court within 14 days or application for leave to appeal dismissed without further order; costs of the security application to plaintiffs but not ordered paid forthwith.
Legal Topics
Security for Costs, Leave to Appeal, Specific Performance, Interlocutory Injunctions, Enforceability of Undertakings
Source Language
EN
Civil Procedure Contract Equity Appeal Security for Costs Leave to Appeal Specific Performance Interlocutory Injunctions +1 more

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Parties

Wingames Investments Limited

1st Plaintiff

China Healthcare Holdings Limited

2nd Plaintiff

CHC Investment Holdings Limited

3rd Plaintiff

Mascot Land Limited

1st Defendant

China Zhongfu Industry Co., Ltd

2nd Defendant

Shanghai Zhongfu International Trading Co., Ltd

3rd Defendant

Anhui Anhe Investment Consulting Co., Ltd

4th Defendant

Wang Jisheng

5th Defendant

Ge Qiansong

6th Defendant

Procedural Posture

Court of Appeal Miscellaneous Proceedings (application for Leave to Appeal and Security for Costs) / Interlocutory — Application for Security for Costs in Relation to Leave to Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered where applicants are resident out of the jurisdiction
  2. 2 Whether an undertaking or maintenance of a bank balance is an adequate substitute for payment into court when defendants are abroad
  3. 3 Whether the applicants for leave to appeal have a high degree of probability of success such that security should be refused

Ratio Decidendi

Because the applicants are resident out of the jurisdiction, undertakings or maintainable bank balances were inadequate or unenforceable substitutes, and the applicants' asserted loss-of-opportunity counterclaim was weak on the available material, the court ordered payment of security into court (HK$300,000) within 14 days or the application for leave to appeal would be dismissed without further order.

Court Disposition

Security for costs ordered; defendants to pay HK$300,000 into court within 14 days or application for leave to appeal dismissed without further order; costs of the security application to plaintiffs but not ordered paid forthwith.

Orders

  • Defendants to pay into court within 14 days the sum of HK$300,000 as security for costs of the application for leave to appeal; failing which the application for leave to appeal shall stand dismissed without further order.
  • Costs of the application for security to be awarded to the Plaintiffs, but payment not ordered to be made forthwith.