Read the full judgment text of HCCT 24/2019 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 19 October 2021 before Hon Mimmie Chan J in Chambers.
Construction and Arbitration Proceedings — Security for Costs — section 905 Companies Ordinance and Order 23 rule 1 RHC — Plaintiff faced statutory demand and winding-up petition — Evidence of financial difficulties including judgments and enforcement proceedings — Plaintiff failed to pay expert fees and did not substantiate defence to statutory demand debt — Defendant's counterclaim and retention monies insufficient to cover costs — Two-stage test applied and balance of justice favoured granting security — Plaintiff ordered to provide $1.3 million security or bank guarantee — Costs of application awarded to Defendant with certificate for counsel.
Legal issues: Security for Costs under section 905 Companies Ordinance
Outcome: Order granted for security for costs against the Plaintiff; costs of the application awarded to the Defendant with certificate for counsel
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