Read the full judgment text of HCA013906/1998 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 28 February 2000 before Hon Burrell J in Chambers.
Procedure — Security for costs — Foreign plaintiff and financially vulnerable local plaintiff — Balancing interests of justice — Order 23 rule 1 and s.357 Companies Ordinance — Court exercises discretion not to order security against financially vulnerable local plaintiff CITY TOP ENGINEERING LIMITED (CT) due to improvement in financial position and bona fide claim with prospects of success — Partial security ordered against foreign plaintiff and financial backer KINGPOINT PROFITS LIMITED (KP) for HK$600,000 to protect defendants — Defendants seek security against both plaintiffs due to financial concerns — Court dismisses summons for security against CT but grants partial security against KP — Costs awarded to CT against defendants and costs of summons awarded against KP.
Legal issues: Whether to order security for costs against CITY TOP ENGINEERING LIMITED · Whether to order security for costs against KINGPOINT PROFITS LIMITED
Outcome: Decline to order security for costs against CT; order KP to pay $600,000 into court as security; dismiss summons against CT for $340,000 security. CT awarded costs against defendants; KP ordered to pay costs for summons.
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