Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Enforcement against foreign plaintiffs

Legal area

Court

17 Nov 2020

EDWARD WALECKI v. THE GENERAL FIDUCIARY CO LTD (as trustee of the WALECKI FAMILY TRUST) AND OTHERS

Citation

[2020] HKCFI 2921
Court

Court of First Instance
Case number

HCMP100/2020

Balancing the relevant factors the court was not satisfied the plaintiff had demonstrated a high probability of success nor that an order for security would stifle the claim; the trustee had given adequate offers of disclosure and had incurred substantial costs; accordingly security for costs was justified and the plaintiff was ordered to provide security of HK$800,000 and to pay the assessed costs for the security application totalling HK$640,000, failing which the proceedings would be stayed.
8 Aug 2002

CHAO YUE WAH v. MO & CO. (HONG KONG) LTD. AND OTHERS

Citation

CHAO YUE WAH v. MO & CO. (HONG KONG) LTD. AND OTHERS
Court

Court of First Instance
Case number

HCA2326/2001

Appeal dismissed; it was just to order security for costs against the foreign plaintiff given disputed title and unresolved probate issues and absence of identified fixed assets in Hong Kong; security increased to $300,000 for the company and $600,000 for the 2nd and 3rd defendants, to be paid within 28 days, with proceedings stayed until payment and costs of defendants ordered (order nisi).