Read the full judgment text of HCCT 53/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 30 March 2015 before Deputy High Court Judge Leung.
Costs — International arbitration award set aside — Application for security for costs — O.23, Rules of the High Court — Overseas company — Delay in application for security for costs — Costs of main proceedings to follow the event — Plaintiff CHINA PROPERTY DEVELOPMENT (HOLDINGS) LTD successfully set aside part of an arbitration award; parties directed to lodge submissions on costs, which were delayed due to administrative oversight. Two sets of costs addressed: those of the main proceedings and of the 2nd defendant Tsoi's application for security for costs. The court rejected Tsoi's complaint that plaintiff delayed prosecution and found no reason to depart from costs following the event. Regarding security for costs, though Tsoi's application was late, given plaintiff's status as an overseas company with insufficient assets in Hong Kong and uncertainty as to success on the merits, the court would have ordered security for costs. Ultimately, costs of the application awarded to Tsoi, main proceeding costs awarded to plaintiff, costs reserved to be taxed if not agreed.
Legal issues: Costs of the main proceedings · Cost of the application for security for costs
Outcome: CPDH shall pay Tsoi’s costs of and occasioned by his application for security for costs; CPDH shall have its costs of the main proceedings including costs reserved, with certificate for 2 counsel.
Cites 2 cases