Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Real attacker

Legal area

Court

29 Jan 2021

DELCO PARTICIPATION B.V. v. HWH HOLDINGS LTD

Citation

[2021] HKCFI 250
Court

Court of First Instance
Case number

HCA2943/2015

Security for costs was ordered because Delco is an out-of-jurisdiction plaintiff and the Court of Appeal decision established that the defendants' counterclaims operate as a defence (equitable set-off/estoppel by convention), so the defendants are primarily defending rather than being co-attackers; having exercised a broad-brush assessment and discounted claimed costs the court fixed proportionate sums for each action and required payment within 28 days.
24 Nov 2009

AI ZHONG AND ANOTHER v. METROFOND LTD

Citation

AI ZHONG AND ANOTHER v. METROFOND LTD
Court

Court of First Instance
Case number

HCA2627/2008

Appeal dismissed and defendant's application for security for costs refused: the plaintiffs were not ordinarily resident in Hong Kong and, in any event, the defendant's counterclaim arose out of the same matters and positioned the defendant as a real attacker so that ordering security against the plaintiffs would be unjust; accordingly neither party was ordered to give security and the defendant's appeal was dismissed with costs to the plaintiffs.