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.
Security for costs — Applications by Plaintiff and Defendant for security against Third Party ordered in appeal proceedings — Financial capability of limited company assessed on ability to pay from own resources and obtain financial assistance from others — Absence of Third Party's affidavit showing inability to procure external financial aid fatal to resistance — Residual discretion exercised to order payment of security — Applications allowed in sum of $3.25 million payable into court by Third Party — No stay granted on Third Party's appeal despite interconnected appeals — Costs ordered against Third Party with certificate for two counsel for Plaintiff — Applications otherwise allowed as sought.
Legal issues: Security for costs and impecuniosity · Stay of Third Party's appeal
Outcome: Applications for security for costs allowed; Third Party ordered to pay $3.25 million into court as security for costs in stated proportions; Third Party's appeal not stayed.
Cited by 5 cases · Cites 1 case