WILLIAM THOMSON v. ROLAND JOHN JEANS AND ANOTHER

WILLIAM THOMSON v. ROLAND JOHN JEANS AND ANOTHER

The court disallowed the plaintiffs' late-filed affidavits for failure to provide a satisfactory explanation and prejudice to the 2nd Defendant; found Thomson was ordinarily resident outside Hong Kong and had insufficient provable assets in Hong Kong; found plaintiffs did not show a high degree of probability of success on the pleaded causes of action against the 2nd Defendant; accordingly ordered each plaintiff to lodge security of $80,000 and stayed proceedings until payment, and awarded costs of the application of $35,000 each.

Citation
WILLIAM THOMSON v. ROLAND JOHN JEANS AND ANOTHER
Parties
Plaintiff: William Thomson; Plaintiff: Hans-Juergen Boewe; 2nd Defendant: Tanner De Witt (a firm); 1st Defendant: 1st Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 January 2012
Case Number
DCCJ3388/2005
Procedural Posture
Civil Action Security for Costs Application / Pre Trial Application Heard (security for Costs)
Outcome
Application for security for costs granted in part; late affidavits disallowed; proceedings stayed until security provided; costs awarded to 2nd Defendant.
Legal Topics
Security for Costs, Ordinary Residence, Assets Within Jurisdiction, Failure of Consideration, Conversion, Misappropriation, Stay of Proceedings
Source Language
EN
Civil Procedure Costs Solicitors' Duties and Liability Company Law Security for Costs Ordinary Residence Assets Within Jurisdiction Failure of Consideration +3 more

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Parties

William Thomson

Plaintiff

Hans-Juergen Boewe

Plaintiff

Tanner De Witt (a firm)

2nd Defendant

1st Defendant

1st Defendant

Procedural Posture

Civil Action Security for Costs Application / Pre Trial Application Heard (security for Costs)

Legal Issues

  1. 1 Whether the plaintiffs are ordinarily resident outside the jurisdiction
  2. 2 Whether the plaintiffs have assets within the jurisdiction available to satisfy costs
  3. 3 Whether the plaintiffs' claims have a high degree of probability of success

Ratio Decidendi

The court disallowed the plaintiffs' late-filed affidavits for failure to provide a satisfactory explanation and prejudice to the 2nd Defendant; found Thomson was ordinarily resident outside Hong Kong and had insufficient provable assets in Hong Kong; found plaintiffs did not show a high degree of probability of success on the pleaded causes of action against the 2nd Defendant; accordingly ordered each plaintiff to lodge security of $80,000 and stayed proceedings until payment, and awarded costs of the application of $35,000 each.

Court Disposition

Application for security for costs granted in part; late affidavits disallowed; proceedings stayed until security provided; costs awarded to 2nd Defendant.

Orders

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