Green Park Properties Ltd. v. Dorku Ltd.

CACV000205A/2000

CACV 205/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 205 OF 2000

(ON APPEAL FROM HCA NO. 8564 OF 1998)

Coram: Hon Rogers VP, Woo JA and Le Pichon JA in Court

Date of Hearing: 1 March 2001

Date of Judgment: 1 March 2001

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J U D G M E N T

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Hon Rogers VP (delivering the judgment of the court):

1. There will be leave to appeal. The amount involved is, of course, worth well over the minimum amount of $1 million dollars and so leave to appeal will be given but it will be subject to conditions. The first condition is that security for costs in the amount of $400,000 be paid into court within 4 weeks from today. The reason is quite simple. This is a commercial transaction by a company of a very substantial amount. It can be of no excuse that the company finds itself in financial difficulties. If companies see fit to indulge in transactions of this amount they must expect to be governed by the usual rules. This is expensive litigation and if the appellant were to lose the appeal, the respondent would be out of pocket by a considerable amount. This court has no hesitation in ordering the security for costs. The record will also have to be filed within the usual time, namely 6 weeks from today.

Representation:

Mr Edward Chan SC and Mr C Y Li, instructed by Messrs JSM, for the Petitioner/Respondent

Dorku Limited represented by Mr Wong Wing Wai, for the Defendant/Respondent, in person