Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Counterclaim as bar to security
  • 15 Apr 2014

    CENTURY STAR (ASIA) LTD v. FORTUNE GOLDMAN LTD

    Citation
    CENTURY STAR (ASIA) LTD v. FORTUNE GOLDMAN LTD
    Court
    District Court
    Case number
    DCCJ3380/2011

    Threshold under s357 not satisfied: although plaintiff has nominal paid-up capital, it actively holds multiple tenancies and has rental deposits of HK$1,535,000, so there was insufficient basis to believe it will be unable to pay defendant's costs; clause 2(s) governs yielding up and permits deduction for reinstatement costs while clause 4(b)(i) applies to landlord termination during the tenancy and does not support forfeiture on expiry; given plaintiff's strong prospects and that estimated reinstatement costs (~HK$50,000) are far below the HK$450,120 deposit, security for costs was not order…