Read the full judgment text of HCCT000098/1999 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 December 1999 before Hon Burrell J..
Security for costs — foreign plaintiff — construction litigation involving claims and counterclaims approx. $100 million — Defendant applies for security for costs of $3 million under O.23, r.1 Rules of the High Court — Plaintiff is B.V.I company with no Hong Kong assets but has paid $3 million into court on interim basis — Plaintiff’s arguments rejecting security (claimant by chance, distinction between claim and counterclaim costs, limitation to preliminary point costs) rejected — Court adopts broad approach to assess quantum of security without detailed taxing — Expert fees recognized as necessary in construction cases — Draft bill estimate about $3.6 million; court grants security for $2.5 million reducing Defendant’s claim by about 17% — $500,000 plus interest paid back to Plaintiff — Order granted accordingly.
Legal issues: Security for costs entitlement and quantum
Outcome: The Defendant's application for security for costs was granted with the sum ordered reduced from $3 million to $2.5 million.