XCHRX KAM KEE (HOLDINGS) LTD. v. RICHEON CO. LTD.

HCA 8163/98

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 8163 OF 1998

____________

____________

_______________

J U D G M E N T

_______________

1. This is an application for security for costs by the Defendants against the Plaintiff. The amount of security that is sought by the Defendants totalled HK$500,000.00. HK$100,000.00 security had already been given, so in this application, the Defendants are seeking additional security of HK$400,000.00.

2. In support of the Defendants' application is the skeleton bill and the parties have gone through the bill in the course of the hearing. The objection taken by the Plaintiff to the bill is that it is too high and I agree. It seems to me that taking into account, the somewhat higher than necessary unit costs of solicitors, the excessive hours claimed to be necessary for work to be done by the solicitors, the many items of costs claimed to be necessary to be paid to the Defendants' counsel such as attending to the List of Documents and the high costs of the Brief and Refreshers and the number of days stated to be necessary for the trial, I am of the view that overall the total cost of the security that ought to be given by the Plaintiff to the Defendants should be in the amount of HK$350,000.00 rather than HK$500,000.00. HK$100,000.00 had already been given and therefore the amount of security that I would order under the present application is HK$250,000.00.

3. So far as the costs of the application is concerned, by agreement, it would be costs in the cause.