Hong Kong Case Law: Decisions & Judgments

Topic

Security for proceedings

Legal area

Court

10 Jun 2015

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

Citation

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD
Court

District Court
Case number

DCCJ2263/2013

There was no basis to stay the April Order because no review or appeal was pending and the defendant's compliance with the April Order rendered a stay nugatory; the plaintiff succeeded on the striking-out and amendment summonses and is entitled to costs, which should not be taxed on the Small Claims Tribunal scale because the reliefs claimed exceed that tribunal's jurisdiction; accordingly the summons is dismissed and the costs order nisi is confirmed and made absolute (subject to the existing 14-day provision to vary).
15 Apr 2015

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

Citation

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD
Court

District Court
Case number

DCCJ2263/2013

Court struck out specified paragraphs of the defendant's July Defence as abuse of process and frivolous for re-litigating issues decided or properly to be decided in the earlier Contract Action or the Appeal Action; it refused to allow numerous proposed amendments that were immaterial, evidential or amounted to abuse of process, but allowed other amendments that were relevant and properly pleaded; the defendant's applications for security under Order 2 r 3 and for rescission/rectification/restitution on interlocutory summons were refused; costs follow the event and costs nisi were ordered aga…
22 Nov 2006

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "GOLDEN GEORGIA" v. THE OWNERS AND/OR THE DEMISE CHARTERERS OF THE SHIP OR VESSEL "GOLDEN GEORGIA" AND THE OWNERS OF THE SISTER OR VESSEL "GOLDEN ELIZABETH"

Citation

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "GOLDEN GEORGIA" v. THE OWNERS AND/OR THE DEMISE CHARTERERS OF THE SHIP OR VESSEL "GOLDEN GEORGIA" AND THE OWNERS OF THE SISTER OR VESSEL "GOLDEN ELIZABETH"
Court

Court of First Instance
Case number

HCAJ45/2004

The Master was correct to tax the disputed pre‑action costs: the costs for examination of samples and for negotiation/agreement of security were incurred to protect the defendants' rights and thus were 'necessary or proper' under Order 62 r28 and recoverable following discontinuance without leave; the review is dismissed.

Hong Kong Case Law

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

SCHINDLER LIFTS (HONG KONG) LTD v. NIKKO SERVICES LTD

THE OWNERS OF AND/OR OTHER PERSONS ENTITLED TO SUE IN RESPECT OF THE CARGO LATELY LADEN ON BOARD THE SHIP OR VESSEL "GOLDEN GEORGIA" v. THE OWNERS AND/OR THE DEMISE CHARTERERS OF THE SHIP OR VESSEL "GOLDEN GEORGIA" AND THE OWNERS OF THE SISTER OR VESSEL "GOLDEN ELIZABETH"