PACIFIC ANDES ENTERPRISES (BVI) LTD (IN LIQUIDATION) AND OTHERS v. NG JOO SIANG AND OTHERS

PACIFIC ANDES ENTERPRISES (BVI) LTD (IN LIQUIDATION) AND OTHERS v. NG JOO SIANG AND OTHERS

Because the plaintiffs are in liquidation and failed to provide cogent, particularized evidence of assets or prospects of success while the liquidators are outside the jurisdiction, the court exercised its discretion to require the exact security sums claimed as just and proportionate; failure to pay will lead to stay or dismissal and costs to defendants.

Citation
[2019] HKCFI 2862
Parties
1st Plaintiff: Pacific Andes Enterprises (BVI) Limited (In Liquidation); 2nd Plaintiff: Solar Fish Trading Limited (In Liquidation); 3rd Plaintiff: Richtown Development Limited (In Liquidation); 4th Plaintiff: Parkmond Group Limited (In Liquidation); 5th Plaintiff: Europaco Limited (In Liquidation); 1st Defendant: Ng Joo Siang; 2nd Defendant: Teh Hong Eng; 3rd Defendant: NG JOO KWEE; 4th Defendant: Ng Joo Puay, Frank; 5th Defendant: Ng Puay Yee, Annie; 6th Defendant: Ng Joo Thieng; 7th Defendant: Ng Joo Chuan; 8th Defendant: Teh Hong Eng Investments Holding Limited; 9th Defendant: Throne Holdings Limited; 10th Defendant: Ansanfona Enterprises Limited; 11th Defendant: Harper Group Limited; 12th Defendant: Almeda Enterprise Limited; 13th Defendant: Gowill Holdings Limited; 14th Defendant: Glorious Bright Enterprise Limited; 15th Defendant: Kobe Holding Investment Limited; 16th Defendant: Kato Investments Limited; 17th Defendant: Dalwest Limited; 18th Defendant: Meridian Investment Group PTE LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 November 2019
Case Number
HCA688/2019
Procedural Posture
Civil Security for Costs Application / Interlocutory Decision on Summons
Outcome
Ordered security for costs to defendants; stays against defendants until payment; dismissal if security not paid; costs awarded to defendants.
Legal Topics
Security for Costs, Liquidation, Stay and Dismissal, Mareva Injunction, Particulars of Claim
Source Language
EN
Civil Procedure Insolvency Costs Security for Costs Liquidation Stay and Dismissal Mareva Injunction Particulars of Claim

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Parties

Pacific Andes Enterprises (BVI) Limited (In Liquidation)

1st Plaintiff

Solar Fish Trading Limited (In Liquidation)

2nd Plaintiff

Richtown Development Limited (In Liquidation)

3rd Plaintiff

Parkmond Group Limited (In Liquidation)

4th Plaintiff

Europaco Limited (In Liquidation)

5th Plaintiff

Ng Joo Siang

1st Defendant

Teh Hong Eng

2nd Defendant

NG JOO KWEE

3rd Defendant

Ng Joo Puay, Frank

4th Defendant

Ng Puay Yee, Annie

5th Defendant

Ng Joo Thieng

6th Defendant

Ng Joo Chuan

7th Defendant

Teh Hong Eng Investments Holding Limited

8th Defendant

Throne Holdings Limited

9th Defendant

Ansanfona Enterprises Limited

10th Defendant

Harper Group Limited

11th Defendant

Almeda Enterprise Limited

12th Defendant

Gowill Holdings Limited

13th Defendant

Glorious Bright Enterprise Limited

14th Defendant

Kobe Holding Investment Limited

15th Defendant

Kato Investments Limited

16th Defendant

Dalwest Limited

17th Defendant

Meridian Investment Group PTE LTD

18th Defendant

Procedural Posture

Civil Security for Costs Application / Interlocutory Decision on Summons

Legal Issues

  1. 1 Whether security for costs should be ordered against plaintiffs in liquidation
  2. 2 Whether plaintiffs have demonstrated sufficient assets or prospects of success to rebut presumption of inability to pay
  3. 3 Whether undertakings by foreign liquidators are enforceable or sufficient

Ratio Decidendi

Because the plaintiffs are in liquidation and failed to provide cogent, particularized evidence of assets or prospects of success while the liquidators are outside the jurisdiction, the court exercised its discretion to require the exact security sums claimed as just and proportionate; failure to pay will lead to stay or dismissal and costs to defendants.

Court Disposition

Ordered security for costs to defendants; stays against defendants until payment; dismissal if security not paid; costs awarded to defendants.

Orders

  • Plaintiffs to pay HKD 4,058,931 into Court as security for costs of the 1st, 4th & 6th Defendants within 14 days from 18 November 2019.
  • Until strict compliance with payment of HKD 4,058,931, the action as against the 1st, 4th & 6th Defendants is stayed.