HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER

HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER

Judge ordered security for costs of HK$39,500 for each action, having accepted most of the 2nd defendant's skeleton bill subject to limited deductions and a 20% reduction on the plaintiffs' claimed recoverable costs; failure to pay the security within 14 days will result in dismissal of the plaintiffs' claim with costs to the 2nd defendant.

Citation
HANS-JUERGEN BOEWE v. ROLAND JOHN JEANS AND ANOTHER
Parties
Plaintiff: William Thomson; Plaintiff: Hans-Juergen Boewe; 1st Defendant: Roland John Jeans; 2nd Defendant (a Firm): Tanner De Witt
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 July 2013
Case Number
DCCJ3389/2005
Procedural Posture
Civil Action (district Court) / Interlocutory Hearing on Security for Costs (chambers Decision)
Outcome
Security for costs ordered; plaintiff must pay HK$39,500 into court for each action within 14 days or the claim will be dismissed with costs to the 2nd defendant
Legal Topics
Security for Costs, Calculation of Costs, Taxation of Costs, Dismissal for Non Compliance
Source Language
EN
Civil Procedure Costs District Court Practice Security for Costs Calculation of Costs Taxation of Costs Dismissal for Non Compliance

Case Brief

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Parties

William Thomson

Plaintiff

Hans-Juergen Boewe

Plaintiff

Roland John Jeans

1st Defendant

Tanner De Witt

2nd Defendant (a Firm)

Procedural Posture

Civil Action (district Court) / Interlocutory Hearing on Security for Costs (chambers Decision)

Legal Issues

  1. 1 Whether security for costs should be ordered against the plaintiffs
  2. 2 What amount of security is reasonable in respect of two overlapping actions
  3. 3 How to account for overlapping work and previous costs awards in calculating security

Ratio Decidendi

Judge ordered security for costs of HK$39,500 for each action, having accepted most of the 2nd defendant's skeleton bill subject to limited deductions and a 20% reduction on the plaintiffs' claimed recoverable costs; failure to pay the security within 14 days will result in dismissal of the plaintiffs' claim with costs to the 2nd defendant.

Court Disposition

Security for costs ordered; plaintiff must pay HK$39,500 into court for each action within 14 days or the claim will be dismissed with costs to the 2nd defendant

Orders

  • Plaintiff must within 14 days pay into court security for the 2nd defendant's costs up to and including trial of HK$39,500 for each action
  • If security is not given within 14 days the plaintiff's claim in each action is dismissed with costs to the 2nd defendant