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RPC | Hong Kong | 12 Sep 2023
Court considers security for plaintiff's costs as condition for defendant's permission to defend
In Ma v Chu, the Court of First Instance of the High Court held that it had jurisdiction to order that the defendant pay a sum into court as security for the plaintiff's costs when giving conditional permission to defend on an application for summary judgment. This appears to have been the first time that a Hong Kong court has fully considered whether it had jurisdiction to order security for......
PDLegal LLC | Singapore | 12 Aug 2023
A Brief How-to Guide: Security for Costs
One great concern for litigants, and something that is often cited as an important issue for individuals and companies seeking to defend legal…
Tanner De Witt | Hong Kong | 12 Jun 2023
High Court holding that a foreign plaintiff - with no assets or presence within the Hong Kong jurisdiction - has “a high probability of success” for the purpose of defeating a claim for security for costs
On 16 May 2023, The Honourable Mr Justice Wilson Chan handed down a written decision dismissing Grand Network Technology Limited’s (“GNT”) appeal…
RPC | Hong Kong | 20 Dec 2022
Broad-brush approach to security for costs
🕑 6 minutes In Sun Hing Ginza Ltd v Chan & Ors, the Court of First Instance of the High Court cautioned that an application for security for costs should be confined to the costs attributed to the applicant party and the amount of such security should not exceed the applicant's estimated costs. Failing this, the courts have a discretion to dismiss an application for security for costs or,......
RPC | Hong Kong | 27 Sep 2022
Surplus security for costs of appeal not retained in court for unpaid trial costs
The Court of Appeal recently ordered that the balance of an amount of security for costs paid into court by an appellant for purposes of an appeal be returned to him rather than retained in court as security for the respondent's unpaid costs of successfully defending an earlier trial. In so holding, the Court distinguished between security provided for the costs of an appeal and a sum of......
RPC | Pakistan, United Kingdom | 21 Sep 2021
Security for costs – what lens is enforcement criteria viewed through?
Political obstacles can trump legal obstacles when a court is considering enforcement in security for costs applications, as was seen recently in Haque v Hussain. This judgment also reinforces the message that evidence relating to the law of another jurisdiction should be presented by an expert in the field, or it may risk being deemed inadmissible.
A leading business law firm in Hong Kong Tanner De Witt is an established and recommended independent law firm in Hong Kong. Our firm and lawyers…
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