Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Overlap of claim and counterclaim

Legal area

Court

16 Mar 2016

CHUN WO BUILDING CONSTRUCTION LTD v. METTA RESOURCES LTD

Citation

CHUN WO BUILDING CONSTRUCTION LTD v. METTA RESOURCES LTD
Court

Court of First Instance
Case number

HCCT29/2013

Metta failed to meet the s.905 threshold because its evidence did not credibly demonstrate that Chun Wo could not pay an adverse costs order; Chun Wo's ongoing trading, recent substantial contracts and absence of direct contemporary financial evidence outweighed Metta's assertions, and discretionary considerations (substantial overlap between claim and counterclaim and inexcusable lateness on the eve of trial) required refusal, therefore the security for costs application was dismissed.
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.