Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Third party undertaking
  • 26 Jan 2015

    RE DAYS INTERNATIONAL LTD

    Citation
    RE DAYS INTERNATIONAL LTD
    Court
    Court of First Instance
    Case number
    HCCW299/2011

    Global Empire could not itself meet an adverse costs order so the jurisdictional threshold under s905 was met; the court held a third-party undertaking is relevant to discretion but the burden lies on the party relying on it to prove the third party can pay, and Mr Kirplani's unsupported assertions were insufficient; accordingly the court ordered security but reduced the amount to HK$500,000 and made ancillary costs orders.