21 Feb 2005
JADE HARBOUR LTD v. ELTONES PROFITS LTD AND ANOTHER
- Citation
- JADE HARBOUR LTD v. ELTONES PROFITS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA19549/1998
The court held that the plaintiff was ordinarily resident in Hong Kong because its sole director and controlling shareholder managed and controlled it from Hong Kong and its books were kept in Hong Kong; accordingly the application for security for costs under Order 23, rule 1(1)(a) failed and the appeal was dismissed; alternatively, even if the plaintiff were ordinarily resident outside Hong Kong, the court would have refused security for costs in the exercise of discretion given the plaintiff's prospects and the 2nd defendant's role.