IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF FIRST INSTANCE
CONSTRUCTION AND ARBITRATION PROCEEDINGS
NO.92 OF 2004
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.
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