WILLIAM THOMSON v. ROLAND JOHN JEANS AND ANOTHER

WILLIAM THOMSON v. ROLAND JOHN JEANS AND ANOTHER

Security for costs was ordered in the sum of HK$39,500 for each action based on the court's assessment of the parties' competing costs estimates, accepted items in the 2nd defendant's bill (except item 5), allowance for overlap and a margin for error; failure to pay within 14 days will result in dismissal of the plaintiff's claim.

Citation
WILLIAM THOMSON 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
DCCJ3388/2005
Procedural Posture
Civil Application for Security for Costs / Interlocutory (pre Trial Application)
Outcome
Security for costs ordered; plaintiff must pay HK$39,500 into court for each action within 14 days or the plaintiff's claim will be dismissed; costs of this security application ordered to be costs in the cause.
Legal Topics
Security for Costs, Cost Assessment, Dismissal for Non Payment, Overlap of Work
Source Language
EN
Civil Procedure Costs Security for Costs Cost Assessment Dismissal for Non Payment Overlap of Work

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 Application for Security for Costs / Interlocutory (pre Trial Application)

Legal Issues

  1. 1 Whether security for costs should be ordered
  2. 2 Appropriate quantum of security to be provided by the plaintiff
  3. 3 How to calculate costs entitlement including deductions and allowances for overlap and margin of error

Ratio Decidendi

Security for costs was ordered in the sum of HK$39,500 for each action based on the court's assessment of the parties' competing costs estimates, accepted items in the 2nd defendant's bill (except item 5), allowance for overlap and a margin for error; failure to pay within 14 days will result in dismissal of the plaintiff's claim.

Court Disposition

Security for costs ordered; plaintiff must pay HK$39,500 into court for each action within 14 days or the plaintiff's claim will be dismissed; costs of this security application ordered to be costs in the cause.

Orders

  • Plaintiff to pay into court HK$39,500 within 14 days as security for the 2nd defendant's costs for each of DCCJ 3388/2005 and DCCJ 3389/2005
  • If security is not provided within 14 days, the plaintiff's claim in each action is dismissed with costs to the 2nd defendant