Read the full judgment text of CACV 285/1998, CACV 346/1998 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 29 April 1999 before Hon Liu, JA.
Procedure — Security for costs — Impecuniosity — Third party failed to prove inability to obtain financial assistance from external sources — Court exercises discretion to require security for costs — Appeal against order for security — Whether to stay third party appeal — Not granted due to procedural difficulties. The Third Party, GRAND MILLION DEVELOPMENTS LIMITED, having lost at trial and faced with substantial security for costs applications by the Plaintiff SUPER KEEN INVESTMENTS LIMITED and Defendant GLOBAL TIME INVESTMENTS LIMITED, failed to present evidence of impecuniosity or inability to procure funding externally. The Court of Appeal emphasized that financial capacity assessment of a limited company includes potential external financial supports and on no such evidence, ordered the Third Party to pay HK$3.25 million in security for costs apportioned between the Plaintiff and Defendant. The Court declined to stay the Third Party’s appeal due to concerns over preparation and procedural fairness. Costs orders against the Third Party were confirmed with certification for two counsel for Plaintiff. The orders require payment by 10 July 1999, failing which the appeal may be struck out.
Legal issues: Security for costs and impecuniosity · 是否應暫停第三方的上訴
Outcome: 允許原告及被告申請之保證金申請，命令第三方支付合共3.25百萬港幣保證金；拒絕暫停第三方上訴
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