SUPREMACY TRADING CO LTD v. ASIAN PROPERTY INVESTMENTS LTD

SUPREMACY TRADING CO LTD v. ASIAN PROPERTY INVESTMENTS LTD

Security for costs ought to be ordered in these appeals because the appellant company appears unable to meet a costs order; however the respondent's quantum sought was excessive, and exercising discretion the court ordered security of HKD 20,000 for each appeal to be provided by 2 March, failing which the appeals shall be dismissed.

Citation
SUPREMACY TRADING CO LTD v. ASIAN PROPERTY INVESTMENTS LTD
Parties
Appellant/claimant: SUPREMACY TRADING COMPANY LIMITED; Respondent/defendant: ASIAN PROPERTY INVESTMENTS LTD; Respondent/defendant: PEARL DRAGON INVESTMENTS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 February 2015
Case Number
HCSA56/2014
Procedural Posture
Appeal From Small Claims Tribunal / Application for Security for Costs Before Hearing of Appeal
Outcome
Security for costs ordered; appeals to be dismissed if security not provided
Legal Topics
Security for Costs, Delay, Costs Orders
Source Language
EN
Civil Procedure Appeals Security for Costs Delay Costs Orders

Case Brief

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Parties

SUPREMACY TRADING COMPANY LIMITED

Appellant/claimant

ASIAN PROPERTY INVESTMENTS LTD

Respondent/defendant

PEARL DRAGON INVESTMENTS LIMITED

Respondent/defendant

Procedural Posture

Appeal From Small Claims Tribunal / Application for Security for Costs Before Hearing of Appeal

Legal Issues

  1. 1 Whether security for costs should be ordered for appeals from the Small Claims Tribunal
  2. 2 Whether delay in seeking security for costs justified refusal of the application
  3. 3 What amount of security is appropriate

Ratio Decidendi

Security for costs ought to be ordered in these appeals because the appellant company appears unable to meet a costs order; however the respondent's quantum sought was excessive, and exercising discretion the court ordered security of HKD 20,000 for each appeal to be provided by 2 March, failing which the appeals shall be dismissed.

Court Disposition

Security for costs ordered; appeals to be dismissed if security not provided

Orders

  • Appellant to provide security of HKD 20,000 for each case by 2 March, failing which the appeal shall be dismissed
  • Costs of this application: costs in the cause of the appeal