Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 23 rhc

  • 24 Jul 2025

    BORROWER v. LENDER

    Citation
    [2025] HKCFI 3197
    Court
    Court of First Instance
    Case number
    HCCT146/2024

    The Court held it has jurisdiction under Order 23 RHC to order security in arbitration-related proceedings under the Arbitration Ordinance; applying the statutory discretionary factors the Court found the Applicant was ordinarily resident outside Hong Kong, produced no credible evidence of assets or means in Hong Kong, had obstructive conduct in the arbitration creating real risk of non-enforcement, and the setting aside challenge was not manifestly strong; accordingly security of HK$1.5 million was ordered and related procedural and costs directions made.

  • 28 Feb 2006

    WINGHING INVESTMENTS LTD v. LEE HOI WING AND OTHERS

    Citation
    WINGHING INVESTMENTS LTD v. LEE HOI WING AND OTHERS
    Court
    Court of Appeal
    Case number
    CACV378/2005

    Security for costs in the sum of HK$360,000 was properly ordered against the impecunious plaintiff and the merits of the plaintiff's case could be considered; however the judge erred in ordering that, in default of providing security, the further deposit held by the stakeholder be forfeited and released to the defendants. The Court of Appeal dismissed the appeal but varied the order to remove the forfeiture and release of the further deposit while maintaining the security order and that the claim be dismissed in default and the initial deposit of HK$100,000 forfeited.