MARBLE HOLDING LTD v. YATIN DEVELOPMENT LTD

cacv 67/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 67 of 2007

(on appeal from hca 1127/2004)

______________________

______________________

D E C I S I O N

______________________

1.  This is an application for security for costs.  The Defendant does not object to giving security but it is the amount that is involved.

2.  On these applications the court really has to take an overall view of the matter, judging the sort of case it is and the sort of likely expenses that are going to be incurred.  On this occasion the Defendant is saying that the costs should be $200,000 whereas the Plaintiff is saying that the security for costs should be $322,500.

3.  The Plaintiff estimates that on the basis of a two-day appeal and the Defendant on the basis of a one-day appeal.  I am pretty sure that if the matter comes in front of this court, it will only take one day.  If it comes in front of another court, it might well take two days, I do not know.  I have to cater for the fact that this case might be set down for two days in which case, looking at counsel’s fee and the solicitor’s fee, I think that the right amount in this case, taking all matters into consideration and balancing it all, I consider that the appropriate amount would be about $250,000, which is what I am going to order as security.

4.  So the order will be in the standard form, which was handed to the parties.  The costs of the application be costs on the appeal.