Read the full judgment text of HCCT73/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 April 2003 before Hon Burrell J.
Construction and arbitration — Contract termination — Joint venture agreement — Interlocutory judgment (Order 14) and interim payment (Order 29) applications — Security for costs — Foreign plaintiff — The plaintiff and defendant, two architectural firms from Korea and Hong Kong respectively, entered into a joint venture for a housing project design competition, won the contest, but later fell into dispute after defendant terminated the contract. Plaintiff sued for wrongful termination seeking damages and fees. The court found plaintiff failed to satisfy the stringent test for interlocutory judgment as defendant’s right to terminate under a contractual clause was at least arguable, requiring trial examination. The court also exercised discretion to order security for costs from the foreign plaintiff given lack of Hong Kong assets and the risk to defendant. The plaintiff’s interlocutory applications were dismissed, defendant was granted unconditional leave to defend, and an order for payment of HK$300,000 security for costs was imposed.
Legal issues: Interlocutory judgment under Order 14 and interim payment under Order 29 · Security for costs for foreign plaintiff
Outcome: Plaintiff's interlocutory judgment and interim payment applications dismissed; defendant granted unconditional leave to defend; security for costs ordered against plaintiff in HK$300,000.