29 Jul 2020
KEY SUCCESS (ASIA) LTD (formerly VENTURE PARTNER (ASIA) LTD v. CHEUNG KONG MACHINERY (HK) LTD
- Citation
- [2020] HKDC 591
- Court
- District Court
- Case number
- DCCJ46/2019
The court found the defendant adduced credible evidence meeting the statutory threshold under s905 (plaintiff's minimal paid-up capital, scaled-down premises, and plaintiff's failure to disclose financial evidence) but exercised its discretion to refuse security because the defendant's counterclaim overlaps materially with the plaintiff's claim so the same issues will be litigated anyway, and because the defendant had earlier represented in case management documents that it would not seek security and gave no explanation for the change; accordingly the application for security (and leave out…