Wang on Engineering Holding Ltd. and Another v. More Sharp Investments Ltd. and Chiu Fung Chun (3rd Party)

HCA018687/1998

HCA 18687/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 18687 OF 1998

----------------------

Coram : Hon. Godfrey, J.A. in Chambers (sitting as an additional Judge of the Court of First Instance)

Date of hearing : 21 July 1999

Date of judgment : 21 July 1999

----------------------

J U D G M E N T

----------------------

Godfrey, J.A. :

1. The 1st plaintiff does not appear to me, as at present advised, to have any right to enforce the covenants contained in the Agreement of 16 March 1998 (to which it was not a party) simply because it is a successor in title of the head vendor here. So, in effect, this is an application for security for costs against the 2nd plaintiff, which is a BVI company; and I propose to grant it. I will fix the security in the sum of $300,000.00 (with liberty to the defendant to apply for further security after setting down). If the security is not given within 28 days, the action is to be stayed. The costs of this application are to be the defendant's costs in any event.

Representation:

Mr. Chan Heung Wing Harris of Messrs. Finley & Co. for 2nd Plaintiff

Mr. Ernest Koo instructed by Messrs. Leo K.W. Lok & Co. for Defendant