Hong Kong Case Law: Decisions & Judgments

Topic

Ordinary residence of companies

Legal area

Court

2 Dec 2019

HONG KONG ZHIXIN FINANCIAL NEWS AGENCY LTD v. CHINA MAPLE LEAF EDUCATIONAL SYSTEMS LTD

Citation

[2019] HKCFI 2921
Court

Court of First Instance
Case number

HCA2973/2016

Although the plaintiff was found to be ordinarily resident outside Hong Kong, the judge exercised discretion not to order security for costs because the plaintiff's claim was genuine and strong on the pleadings, the defendant had mounted counterclaims rendering it also an attacker, the defendant had not shown inability to pay costs nor given credible evidence of risk of enforcement failure, and the defendant's pleaded defences (notably insider dealing and misrepresentation) lacked sufficient specificity.
2 Apr 2015

SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

Citation

SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS
Court

Court of First Instance
Case number

HCA847/2013

Defendants discharged evidential burden that 1st plaintiff's central management and control is in Singapore; 2nd plaintiff is a nominal dormant company unable to pay; 3rd plaintiff is resident abroad; counterclaims do not displace the court's discretion to order security; accordingly security for costs of HK$1,000,000 ordered from 1st to 3rd plaintiffs up to exchange of witness statements, proceedings stayed until provided, with dismissal available on default and undertaking to abandon counterclaims if security not paid.
21 Dec 2006

RE VIEW DEVELOPMENT LTD

Citation

RE VIEW DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCCW45/2006

The strike out application was dismissed because the audited accounts and evidence showed balance-sheet insolvency and therefore it was not plain and obvious that there was no real prospect of a winding-up order; the petitioner was held to be ordinarily resident out of the jurisdiction (central management and control in Liberia) and had not demonstrated substantial readily available assets in Hong Kong, so the court exercised its discretion to order security for costs and fixed the amount at HK$550,000 with a 28-day period to pay or provide a bank guarantee, otherwise proceedings stayed.

Hong Kong Case Law

HONG KONG ZHIXIN FINANCIAL NEWS AGENCY LTD v. CHINA MAPLE LEAF EDUCATIONAL SYSTEMS LTD

SMART TRIKE MNF PTE LTD AND OTHERS v. CHIU SUI CHUN AND OTHERS

RE VIEW DEVELOPMENT LTD