Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Foreign plaintiff jurisdiction

Legal area

Court

12 Jun 2007

SPECTRUM PLUS LTD AND ANOTHER v. KONICA MINOLTA BUSINESS SOLUTIONS (HK) LTD

Citation

SPECTRUM PLUS LTD AND ANOTHER v. KONICA MINOLTA BUSINESS SOLUTIONS (HK) LTD
Court

Court of First Instance
Case number

HCA10364/2000

The court exercised its discretion to order security for costs against both plaintiffs because the defendant proved on the available evidence that the 1st plaintiff is likely unable to pay (history of unsatisfied judgments, minimal registered capital, lack of accounts and other indicia of being a shell) and the 2nd plaintiff is a foreign BVI company with no assets in jurisdiction; the assignment to the 1st plaintiff was suspicious in motive but not declared void for public policy; merits did not outweigh the defendant's established evidential threshold; quantum to be fixed subsequently (court…
9 Dec 1998

POLICYD S. A. DE C.V. v. KWAN KIM HUNG t/a KING TAI CO.

Citation

POLICYD S. A. DE C.V. v. KWAN KIM HUNG t/a KING TAI CO.
Court

Court of First Instance
Case number

HCA11225/1997

The judge exercised the discretion under O.23 and refused to order security for costs because the plaintiff's claim was shown to be strong by Stone J.'s comments, and the part of the defendant's counterclaim exceeding the plaintiff's claim could not justify security; the foreign status of the plaintiff alone was insufficient to require security.