Read the full judgment text of CACV63/99 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 24 June 1999 before Hon. Nazareth, Ag. CJHC, Leong, J.A. and Yuen, J..
Civil Appeal — Security for costs — Extension of time — Failure to comply with court order — Application for adjournment — Duties of appellant — Court’s discretion — The appellant was ordered by Rogers J.A. to pay security for costs amounting to $400,000 by 22 June 1999 to continue prosecuting the appeal. The appellant, facing a winding-up petition and with frozen bank accounts, sought extension relying on alleged difficulty in remittance of funds from PRC shareholders, despite group net assets stated as $2.35 billion. The court found no good reason to extend time, noting the obligation on appellants to prosecute appeals expeditiously, and dismissed the appeal in accordance with the existing order. The appellant’s request for adjournment due to solicitor withdrawal was also refused, emphasizing the need for diligent conduct of appeals. Consequently, the appeal was dismissed for non-compliance with the security order, reflecting the court’s firm stance on procedural compliance and timely prosecution.
Legal issues: Extension of time for security for costs · Adjournment of hearing and preparation time
Outcome: Appeal dismissed for failure to comply with security for costs order.