Read the full judgment text of FACV 000022/2006 on BabelCite. This FACV judgment was delivered on 24 April 2007 before Mr Justice Bokhary PJ.
Civil procedure – security for costs – statutory cap – Court of Final Appeal – section 25 of the Hong Kong Court of Final Appeal Ordinance (Cap 484) – jurisdiction – whether court can order security for costs exceeding $400,000 per respondent – interpretation of subsections (2), (3), (4) and (5) – 'Without restricting the generality of subsection (1)' does not override cap – variation power under subsection (4) cannot create jurisdiction beyond statutory limit – cap only amendable by Chief Executive in Council under subsection (5) – application for $600,000 security dismissed – security of $400,000 ordered – costs awarded to appellant
Legal issues: Jurisdiction to order security for costs exceeding statutory cap
Outcome: Florens' application for security for costs in excess of $400,000 dismissed. Security for costs of $400,000 ordered to be entered into by World Fuel within 14 days.
Cited by 2 cases