Hong Kong Case Law

6 Jun 1985

MENYOUTH LIMITED v. KWAN AND KWAN(a firm)

Citation

MENYOUTH LIMITED v. KWAN AND KWAN(a firm)

Court

Court of First Instance

Case number

HCA8541/1984

The Master had jurisdiction to order security for costs under s.357 Companies Ordinance by virtue of Section 38 of the Supreme Court Ordinance and Order 32 r.11(1); there was uncontradicted evidence that the plaintiff company, a shelf company with minimal paid up capital and no shown assets, might be unable to pay the defendant's costs; in the exercise of the court's discretion an order for security for costs in the sum of $100,000 was appropriate, and the appeal is allowed.

• Security for costs
• Jurisdiction of registrar/master
• Negligence by solicitors
• Shelf company and impecuniosity

YU MAN v. T.L.IP & CO (a firm)

Citation

YU MAN v. T.L.IP & CO (a firm)

Court

District Court

Case number

DCCJ459/1984

The strike-out application was dismissed insofar as the defendant sought to strike out the whole action because the pleaded claim for loss of rental over a 19-month delay disclosed triable issues of negligence; however, the particular claim for $46,675.30 for mental suffering disclosed no cause of action on the particulars and was struck out with a substitution of general damages for that head.

• Strike out
• Cause of action
• Negligence by solicitors
• Damages for delay
• Partial striking out and substitution of damages