31 May 2022
THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL “DCOC 3” AND “DCOC 4” AND ANOTHER v. THE OWNERS AND/OR DEMISE CHARTERERS OF THE SHIP OR VESSEL OF THE SHIP OR VESSEL
- Citation
- [2022] HKCFI 1631
- Court
- Court of First Instance
- Case number
- HCAJ83/2019
Reciprocal security under Order 75 r.27 was refused as to the 1st Plaintiff because its vessels remained within the jurisdiction and are arrestable; however, it was just to order security for costs under Order 23 r.1 against the 2nd Plaintiff (a South Korean company with no reciprocal enforcement and unlikely Hong Kong assets) in a reduced sum of HK$600,000 to cover the Defendant's costs, payable within 28 days, failing which the Defendant's counterclaim shall be stayed; delay by Defendant was not so gross as to deny security and the merits were sufficiently arguable to justify security.