Arbitral Digest

Matter

Chun Wo Building Construction Limited v Metta Resources Limited (High Court of Hong Kong HCCT 29/2013)

  1. 16 March 2016Hong Kong

    16 March 2016Hong Kong

    Decision of the High Court of the Hong Kong Special Administrative Region, Court of First Instance in the case HCCT 29/2013 dated 16 March 2016

    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Case no.
    HCCT 29/2013
    Decision summary
    The court dismissed Metta Resources Limited's application for security for costs under section 905 of the Companies Ordinance because Metta did not establish that Chun Wo Building Construction Limited would be unable to pay a costs order. The court also held that the substantial overlap between Chun Wo's claim and Metta's counterclaim weighed against granting security, found the application unreasonably late, and ordered the application costs to be paid by Chun Wo.

    Supporting details

    5 authorities · 10 participants
    Chun Wo Building Construction Limited
    Representative
    Jonathan Wong (For: Chun Wo Building Construction Limited)
    Representative
    Emerald Shek (For: Chun Wo Building Construction Limited)
    Representative
    Yvonne Ngai (For: Chun Wo Building Construction Limited)
    Representative
    J Chan, Yip, So & Partners (For: Chun Wo Building Construction Limited)
    Metta Resources Limited
    Representative
    John Scott (For: Metta Resources Limited)
    Representative
    Anthony HK Chan (For: Metta Resources Limited)
    Representative
    Hogan Lovells (For: Metta Resources Limited)
    High Court of the Hong Kong Special Administrative Region, Court of First Instance

    Authorities cited

    5
    • Hong Kong Companies Ordinance (Cap. 622)
      statute
    • Success Wise Ltd v Dynamic (BVI) Ltd (HCA 1463/2004, 1 December 2005)
      case law
    • Tri-Tech Metals Co Ltd v YKK AP Hong Kong Ltd (HCCT 60/2004, 30 April 2009)
      case law
    • Chinacast Education Corp & Ors v Chan Tze Ngon & Ors (HCA 1062/2012, 15 October 2015)
      case law
    • Re All Our Kids Hong Kong Ltd (HCCW 141/2007, 20 June 2011)
      case law

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Chun Wo Building Construction Limited v Metta Resources Limited (High Court of Hong Kong HCCT 29/2013) · Matter