Millennium Engineering Ltd v. Yau Lee Construction Co Ltd
Read the full judgment text of HCCT92/2004 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 10 July 2006 before Hon Waung J.
Construction and arbitration proceedings — Security for costs application — Late application for security for costs considered — Court analyzes skeleton bill of $4.1 million to deduct counterclaim-related costs — Plaintiff concedes approximately 70% of costs attributable to claim — After adjustments, security for costs fixed at $2.4 million — Plaintiff ordered to pay security by payment into court within three days — Application granted accordingly.
Legal issues: Security for costs amount
Outcome: Security for costs ordered in favor of the defendant.
|
HCCT92/2004 IN THE HIGH COURT OF THE HONG KONG SPECIAL ADMINISTRATIVE REGION COURT OF FIRST INSTANCE CONSTRUCTION AND ARBITRATION PROCEEDINGS NO.92 OF 2004 ------------------------- BETWEEN
---------------------- Before : Hon Waung J in Court Date of Hearing : 10 July 2006 Date of Decision : 10 July 2006 ----------------------- D E C I S I O N ----------------------- 1.I have an application before me for security for costs. It has come rather late in the day, but I think we have come to the view that security for costs ought to be given. The real dispute between the parties is the quantum. 2.The $4.1 million figure shown in the skeleton bill at p.107 is an all-inclusive figure and a part of it must be taken away because it relates to costs incurred in relation to the counterclaim. A graceful concession was made by Mr Clayton that some 70% of the total costs is probably attributable to the claim. 3.In my view, doing the best I can in the circumstances and making the appropriate deductions for the items referred to in the affidavit of the plaintiff, I order that security for costs in the sum of $2.4 million should be given by the plaintiff to the defendant. Mr Clayton has informed me that payment into court can be done within three days, so the security for costs will be ordered on the basis of payment into court within three days from today.
Mr Peter Clayton, SC, instructed by Messrs Wong & Fok, for the Plaintiff Mr Whitehead, SC, and Mr David Tsang, instructed by Messrs T.H. Koo & Associates, for the Defendant |