7 Feb 2018
DRACCO NETHERLANDS B.V. v. SIMBA TOYS GMBH & CO. KG
- Citation
- [2018] HKCA 75
- Court
- Court of Appeal
- Case number
- CACV175/2017
The judge below erred by conflating a bona fide claim with a high prospect of success, by overstating the overlap between claim and counterclaim, and by prematurely relying on FJREO without allowing evidence on Dutch enforcement; on rehearing the Court exercised the discretion afresh, held the starting point is to order security against a non-resident plaintiff, reduced the master's HK$500,000 order by one-fifth to reflect limited overlap and ordered the plaintiff to pay HK$400,000 into court as security for costs with stay and dismissal provisions.