Read the full judgment text of CACV 138/2005 AND CACV 224/2006 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 5 February 2007 before Hon Rogers VP.
Civil procedure — Security for costs — Two related civil appeals concerning unpaid subcontracting fees taxed at $2 million — Defendant subject to winding-up proceedings evidencing poor financial health — Court found a serious risk of non-recovery of costs if Defendant successful on appeal — Ordered security for costs of $250,000 per case to be lodged in court or by approved bank guarantee — Failure to provide security results in dismissal of appeals — Costs of security application to be costs in appeals — Legal representation by Mr P K Chan for Plaintiff and Mr Louie Chan for Defendant — Order protects Plaintiff’s costs interest pending appeal determination.
Legal issues: Order for security for costs
Outcome: Security for costs ordered; appeals liable to be stayed if security not provided
Cites 2 cases