JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS

The judge dismissed the appeal as to Yih but allowed the appeal as to MGHK: the master’s order requiring security from MGB in favour of MGHK was set aside because there existed real triable disputes (contractual lien/set-off) and evidence supporting MGB's contention of a net credit such that ordering security was unjust; by contrast the claim against Yih raised distinct issues justifying security for costs as ordered by the master.

Citation
JOSE MIRANDA DA COSTA JUNIOR AND ANOTHER v. LORENZO YIH AND OTHERS
Parties
1st Plaintiff: JOSE MIRANDA DA COSTA JUNIOR; 2nd Plaintiff: MIRANDA GEMS E MINE LTDA; 1st Defendant: LORENZO YIH (also known as YU CHUAN YIH); 2nd Defendant: PARAIBA LIMITED; 3rd Defendant: MIRANDA GEMS (HK) LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 October 2013
Case Number
HCA156/2010
Procedural Posture
Civil Security for Costs / Appeal From Master to Judge (complete Re Hearing)
Outcome
Appeal in relation to 1st Defendant (Yih) dismissed; appeal in relation to 3rd Defendant (MGHK) allowed; master’s order for security for costs in relation to MGHK set aside; master’s security order in relation to Yih stands.
Legal Topics
Security for Costs, Set Off, Conversion and Detinue, Common Law Lien, Appeal From Master, Skeleton Bills of Costs, Costs Certification and Taxation
Source Language
EN
Civil Procedure Costs Contract Property Equitable Remedies Security for Costs Set Off Conversion and Detinue +4 more

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Parties

JOSE MIRANDA DA COSTA JUNIOR

1st Plaintiff

MIRANDA GEMS E MINE LTDA

2nd Plaintiff

LORENZO YIH (also known as YU CHUAN YIH)

1st Defendant

PARAIBA LIMITED

2nd Defendant

MIRANDA GEMS (HK) LIMITED

3rd Defendant

Procedural Posture

Civil Security for Costs / Appeal From Master to Judge (complete Re Hearing)

Legal Issues

  1. 1 Whether the master correctly ordered security for costs against the 2nd plaintiff in favour of the 1st and 3rd defendants
  2. 2 Whether MGHK holds assets or has a valid contractual lien/set-off sufficient to negate or reduce security for costs
  3. 3 Whether costs of defending Yih overlap with MGHK such that security for Yih is inappropriate

Ratio Decidendi

The judge dismissed the appeal as to Yih but allowed the appeal as to MGHK: the master’s order requiring security from MGB in favour of MGHK was set aside because there existed real triable disputes (contractual lien/set-off) and evidence supporting MGB's contention of a net credit such that ordering security was unjust; by contrast the claim against Yih raised distinct issues justifying security for costs as ordered by the master.

Court Disposition

Appeal in relation to 1st Defendant (Yih) dismissed; appeal in relation to 3rd Defendant (MGHK) allowed; master’s order for security for costs in relation to MGHK set aside; master’s security order in relation to Yih stands.

Orders

  • The appeal in relation to Yih is dismissed
  • The appeal in relation to MGHK is allowed and the master’s order requiring security for costs from MGB in favour of MGHK is set aside