MILLENNIUM ENGINEERING LTD v. YAU LEE CONSTRUCTION CO LTD

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

MILLENNIUM ENGINEERING LIMITED Plaintiff
and
YAU LEE CONSTRUCTION COMPANY LIMTIED Defendant

———————-

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 viewthat 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 becauseit relates to costs incurred in relation to the counterclaim. A graceful concession was made by Mr Clayton that some 70% of thetotal 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 affidavitof 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 thebasis of payment into court within three days from today.

(William Waung)
Judge of the Court of First Instance
High Court

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