HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER

HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER

Plaintiff Thomson was found ordinarily resident outside Hong Kong and could not demonstrate sufficient assets within the jurisdiction; plaintiffs failed to show a high degree of probability of success on pleaded causes against the solicitor firm and filed affidavits out of time without satisfactory explanation causing prejudice; accordingly security for costs was justified and set at HKD 80,000 per action with proceedings stayed until payment and costs of the application awarded to the 2nd defendant (HKD 35,000 each).

Citation
HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER
Parties
Plaintiff (dccj 3388/2005): William Thomson; Plaintiff (dccj 3389/2005): Hans-Juergen Boewe; 1st Defendant: 1st Defendant (director/shareholder of Wanchai Bierkeller Limited); 2nd Defendant (solicitors): Tanner De Witt (a firm)
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 January 2012
Case Number
DCCJ3389/2005
Procedural Posture
Civil Claim for Recovery of Money; Interlocutory Application for Security for Costs / Application for Security for Costs Heard and Decided at Pre Trial Review (application Determined)
Outcome
Application for security for costs allowed in part; plaintiffs ordered to provide security and pay costs of application to 2nd defendant
Legal Topics
Security for Costs, Ordinary Residence, Jurisdictional Assets, Late Affidavit Evidence, Merits Assessment, Costs Assessment, Stay of Proceedings
Source Language
EN
Civil Procedure Company Law Solicitors' Professional Liability Security for Costs Ordinary Residence Jurisdictional Assets Late Affidavit Evidence Merits Assessment +2 more

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Parties

William Thomson

Plaintiff (dccj 3388/2005)

Hans-Juergen Boewe

Plaintiff (dccj 3389/2005)

1st Defendant (director/shareholder of Wanchai Bierkeller Limited)

1st Defendant

Tanner De Witt (a firm)

2nd Defendant (solicitors)

Procedural Posture

Civil Claim for Recovery of Money; Interlocutory Application for Security for Costs / Application for Security for Costs Heard and Decided at Pre Trial Review (application Determined)

Legal Issues

  1. 1 Whether plaintiffs are ordinarily resident outside Hong Kong
  2. 2 Whether plaintiffs have assets within the jurisdiction to satisfy costs orders
  3. 3 Whether plaintiffs' claims against the 2nd defendant have a high degree of probability of success

Ratio Decidendi

Plaintiff Thomson was found ordinarily resident outside Hong Kong and could not demonstrate sufficient assets within the jurisdiction; plaintiffs failed to show a high degree of probability of success on pleaded causes against the solicitor firm and filed affidavits out of time without satisfactory explanation causing prejudice; accordingly security for costs was justified and set at HKD 80,000 per action with proceedings stayed until payment and costs of the application awarded to the 2nd defendant (HKD 35,000 each).

Court Disposition

Application for security for costs allowed in part; plaintiffs ordered to provide security and pay costs of application to 2nd defendant

Orders

  • Each Plaintiff to pay HKD 80,000 into Court within 28 days as security for the 2nd Defendant's costs up to the pre-trial review in each respective action
  • Proceedings in both actions stayed until the ordered security is provided