Copytron (Hong Kong) Ltd v. Lee Chin Leong

HCA 1345/2003

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1345 OF 2003

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BETWEEN

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Before: Deputy High Court Judge Carlson in Chambers

Date of Ruling on Costs (Handed down): 2 March 2006

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RULING  ON  COSTS

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1.Although the Defendant has been partially successful in his appeal before me, I am satisfied that he should bear the costs of the appeal in any event.  He has brought all of this on himself by allowing judgment in default to be entered against him notwithstanding that he had been served personally in Singapore as were solicitors on his behalf in Hong Kong.  He therefore put himself in the situation of having to make this application.  Additionally, munch of the argument has been taken up, both before the Master and now before me on appeal, that the judgment was an irregular one.  He has failed in that submission, both I and the Master having ruled that the judgment was a regular one.  In the event, the judgment has been set aside on very strong terms reflecting a shadowy defence.  The result must therefore be that the Master’s order for costs will stand and that the costs of the appeal will be to the Plaintiff in any event.

2.That having been said, I am not disposed to direct that the Defendant should provide security for costs. This part of the Master’s order must be set aside.  He is defending this matter having had the default judgment set aside, albeit on terms.  I do not think it right that as a defendant he should have to provide security for costs.

Jeremy S K Chan, instructed by Messrs Johnson, Stokes and Master,   for the Plaintiff

June Wee, instructed by Messrs John Ip & Co., for the Defendant