SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

Defendants discharged evidential burden that 1st plaintiff's central management and control is in Singapore; 2nd plaintiff is a nominal dormant company unable to pay; 3rd plaintiff is resident abroad; counterclaims do not displace the court's discretion to order security; accordingly security for costs of HK$1,000,000 ordered from 1st to 3rd plaintiffs up to exchange of witness statements, proceedings stayed until provided, with dismissal available on default and undertaking to abandon counterclaims if security not paid.

Citation
SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS
Parties
1st Plaintiff: SMART TRIKE MNF PTE LTD; 2nd Plaintiff: SMART TRIKE LIMITED; 3rd Plaintiff: YORAM BARON; 1st Defendant: CHIU SUI CHUN (趙穗珍); 2nd Defendant: CHOI FAT YEE (蔡法裕); 3rd Defendant: CHOI MIU CHU (alias Loretta) (蔡妙珠); 4th Defendant: YE LIFA (叶礼发); 5th Defendant: GLOBAL WISE LIMITED (高寶威有限公司); 6th Defendant: CAPITAL KEY DEVELOPMENT LIMITED (啟陞發展有限公司)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 April 2015
Case Number
HCA847/2013
Procedural Posture
Civil Security for Costs Application / Inter Partes Summons (application for Security for Costs)
Outcome
Security for costs ordered against 1st to 3rd plaintiffs; proceedings stayed until security provided; default may lead to dismissal; costs ordered nisi to defendants for the Inter Partes Summons.
Legal Topics
Security for Costs, Ordinary Residence of Companies, Nominal Plaintiff, Copyright, Registered Design, Counterclaim, Companies Ordinance S905
Source Language
EN
Civil Procedure Company Law Intellectual Property Security for Costs Ordinary Residence of Companies Nominal Plaintiff Copyright Registered Design +2 more

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Parties

SMART TRIKE MNF PTE LTD

1st Plaintiff

SMART TRIKE LIMITED

2nd Plaintiff

YORAM BARON

3rd Plaintiff

CHIU SUI CHUN (趙穗珍)

1st Defendant

CHOI FAT YEE (蔡法裕)

2nd Defendant

CHOI MIU CHU (alias Loretta) (蔡妙珠)

3rd Defendant

YE LIFA (叶礼发)

4th Defendant

GLOBAL WISE LIMITED (高寶威有限公司)

5th Defendant

CAPITAL KEY DEVELOPMENT LIMITED (啟陞發展有限公司)

6th Defendant

Procedural Posture

Civil Security for Costs Application / Inter Partes Summons (application for Security for Costs)

Legal Issues

  1. 1 Whether the 1st and 3rd plaintiffs are ordinarily resident out of jurisdiction
  2. 2 Whether the 2nd plaintiff is a nominal plaintiff unable to pay costs
  3. 3 Whether security for costs should be refused because of substantial counterclaims

Ratio Decidendi

Defendants discharged evidential burden that 1st plaintiff's central management and control is in Singapore; 2nd plaintiff is a nominal dormant company unable to pay; 3rd plaintiff is resident abroad; counterclaims do not displace the court's discretion to order security; accordingly security for costs of HK$1,000,000 ordered from 1st to 3rd plaintiffs up to exchange of witness statements, proceedings stayed until provided, with dismissal available on default and undertaking to abandon counterclaims if security not paid.

Court Disposition

Security for costs ordered against 1st to 3rd plaintiffs; proceedings stayed until security provided; default may lead to dismissal; costs ordered nisi to defendants for the Inter Partes Summons.

Orders

  • The 1st to 3rd plaintiffs do within 14 days give security for the 1st to 6th defendants' costs up to the stage of exchange of witness statements in the sum of HK$1,000,000.00 by payment into court.
  • Before the security is given, all further proceedings be stayed.