LIN MAN YUAN v. KIN MING HOLDINGS INTERNATIONAL LTD

LIN MAN YUAN v. KIN MING HOLDINGS INTERNATIONAL LTD

Although the plaintiff is ordinarily resident outside the jurisdiction, the defendants failed to show she would be unable to pay the defendants' costs because she has HK$3,000,000 available and the court's broad‑brush assessment of appropriate security equated to HK$3,000,000; accordingly it was not just to order further security and the defendants' application was dismissed; costs of the application were awarded to the plaintiff in the assessed sum of HK$140,000 to be paid by the defendants within 14 days.

Citation
LIN MAN YUAN v. KIN MING HOLDINGS INTERNATIONAL LTD
Parties
Plaintiff (main Action); 1st Defendant (counterclaim): Lin Man Yuan (林满园); 1st Defendant (main Action); 1st Plaintiff (counterclaim): Kin Ming Holdings International Limited (建明集團國際有限公司); 2nd Defendant (main Action); 2nd Plaintiff (counterclaim): Jose Kho; 2nd Defendant (counterclaim): Huang Ruifu (黃瑞福)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 June 2013
Case Number
HCA216/2008
Procedural Posture
Interlocutory Application for Security for Costs Under RHC Order 23 Rule 1 / Decision on Interlocutory Application (security for Costs)
Outcome
Defendants' application for security for costs dismissed
Legal Topics
Security for Costs, Nominal Plaintiff, Reciprocal Enforcement of Judgments, Assessment of Costs, Enforcement in Mainland China
Source Language
EN
Civil Procedure Costs International Enforcement of Judgments Contract Law Security for Costs Nominal Plaintiff Reciprocal Enforcement of Judgments Assessment of Costs +1 more

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 5 Authorities cited 13 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Lin Man Yuan (林满园)

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

Kin Ming Holdings International Limited (建明集團國際有限公司)

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

Jose Kho

2nd Defendant (main Action); 2nd Plaintiff (counterclaim)

Huang Ruifu (黃瑞福)

2nd Defendant (counterclaim)

Procedural Posture

Interlocutory Application for Security for Costs Under RHC Order 23 Rule 1 / Decision on Interlocutory Application (security for Costs)

Legal Issues

  1. 1 Whether the plaintiff is ordinarily resident outside the jurisdiction
  2. 2 Whether the plaintiff is a nominal plaintiff suing for the benefit of another
  3. 3 Whether there is reason to believe the plaintiff will be unable to pay the defendants' costs if ordered to do so

Ratio Decidendi

Although the plaintiff is ordinarily resident outside the jurisdiction, the defendants failed to show she would be unable to pay the defendants' costs because she has HK$3,000,000 available and the court's broad‑brush assessment of appropriate security equated to HK$3,000,000; accordingly it was not just to order further security and the defendants' application was dismissed; costs of the application were awarded to the plaintiff in the assessed sum of HK$140,000 to be paid by the defendants within 14 days.

Court Disposition

Defendants' application for security for costs dismissed

Orders

  • Defendants' application dismissed
  • Defendants to pay costs of this application of HK$140000 to the plaintiff within 14 days