30 May 2024
SA AND OTHERS v. BH AND ANOTHER
- Citation
- [2024] HKCFI 1357
- Court
- Court of First Instance
- Case number
- HCCT69/2023
Order 73 does not exclude the operation of Order 23 RHC in proceedings commenced by a party to set aside an arbitral award; the plaintiffs, as the initiators of the setting aside proceedings, are properly plaintiffs for the purposes of Order 23 and the Court therefore has jurisdiction to order security for costs. Considering plaintiffs' foreign residence, lack of readily realizable assets in Hong Kong, adverse tribunal findings, limited merits and risk of non‑recovery, it is just to order security of HK$2,000,000; proceedings are stayed until payment or acceptable bank guarantee is provided w…