Hong Kong Case Law: Decisions & Judgments

Topic

Enforcement of costs orders abroad

Legal area

Court

16 Oct 2015

MANN KEVIN PATRICK v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

Citation

MANN KEVIN PATRICK v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD
Court

Court of Appeal
Case number

CACV86/2015

Both appellants are impecunious and have no available funds to meet a costs order (realised proceeds are held by trustees and not available to them); Mr Mann's Australian residence adds enforcement difficulty; the appellants failed to demonstrate any countervailing factors (merits not sufficiently strong, health and discrimination arguments irrelevant to security); accordingly it was just to order security for costs of HK$80,000 for each appeal, stay the appeals pending payment, and dismiss if security not paid.
24 Dec 2008

YANG WEI JENNIFER v. HSBC PRIVATE TRUSTEE (HONG KONG) LTD AND OTHERS

Citation

YANG WEI JENNIFER v. HSBC PRIVATE TRUSTEE (HONG KONG) LTD AND OTHERS
Court

Court of First Instance
Case number

HCAP11/2002

Because the plaintiffs are ordinarily resident outside Hong Kong, because enforcement in the USA would require separate proceedings and therefore involve delay and extra costs, and because the plaintiffs did not demonstrate a high probability of success sufficient to negate the protection afforded by security, it was just to order security for costs on a party-and-party basis: HK$3,000,000 for HCA5073/2001 and HK$1,200,000 for HCAP11/2002; failure to provide security results in stay of proceedings and eventual dismissal with costs.
7 Sept 2000

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD. v. ING YIM LEUNG, ALEXANDER AND OTHERS

Citation

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD. v. ING YIM LEUNG, ALEXANDER AND OTHERS
Court

Court of Appeal
Case number

CACV192/2000

The court ordered security for costs because enforcement of a costs order against an overseas corporate appellant would cause undue difficulty, delay and expense and the 7th Defendant's apparent Hong Kong funds were frozen by a Mareva injunction to secure damages in the main action and therefore not available for costs; allegations that the injunction caused the impecuniosity did not, on the facts and having regard to merits and alter ego findings, justify refusing security. The appropriate amount of security was fixed at $425,000 and the appeal was stayed until that sum was paid, with dismis…

Hong Kong Case Law

MANN KEVIN PATRICK v. THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD

YANG WEI JENNIFER v. HSBC PRIVATE TRUSTEE (HONG KONG) LTD AND OTHERS

ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD. v. ING YIM LEUNG, ALEXANDER AND OTHERS