29 Jan 2021
DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD AND OTHERS
- Citation
- [2021] HKCFI 250
- Court
- Court of First Instance
- Case number
- HCA2939/2016
Because Delco is ordinarily resident out of the jurisdiction and the Court of Appeal decision established that the defendants' counterclaims operate as a defence (equitable set-off/estoppel) rather than independent claims, the defendants are primarily defending; the balance of justice requires security for costs. The court exercised its discretion to order security but discounted the sums claimed and fixed security at HK$9,000,000 for A2943, HK$9,000,000 for A3040 and HK$3,600,000 for A2939 (from after PTR to trial), on usual terms, payable within 28 days; costs of the summonses to follow the…