1 Dec 2005
KARPEX (HK) LTD v. YASMINE PRINTING (CHINA) LTD
- Citation
- KARPEX (HK) LTD v. YASMINE PRINTING (CHINA) LTD
- Court
- District Court
- Case number
- DCCJ3902/2004
Where a defendant seeks summary judgment on a counterclaim but the plaintiff has raised a prima facie arguable set-off supported by evidence that the set-off may exceed the counterclaim, the plaintiff must be granted leave to defend and summary judgment is inappropriate; for security for costs under Companies Ordinance s357 the applicant must adduce current, concrete evidence that the company will be unable to pay costs — in the absence of sufficiently current evidence security will be refused. The court applied these principles and refused both the summary judgment and the security order whi…