Hitachi Shipbuilding & Engineering Co. Ltd. v. Viafiel Compania Naviera S.A. - Court of Appeal (Donaldson and Ackner L.JJ.) - 8 July 1981.

Security for costs - Whether obtainable against defendant making allegations in points of defence

Hitachi had agreed in 1976 to build three vessels for Viafiel. The purchase prices were payable by instalments. In 1977 some of the instalments were not paid and in October Hitachi treated all three contracts as having been repudiated. The dispute was referred to arbitration.