Fu Pui Yuen and Others v. Luk Ngai Ling Irene

CACV 355/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 355 OF 2006

(ON APPEAL FROM HCA NO. 3074 OF 2001)

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BETWEEN

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Before: Hon Tang VP in Chambers

Date of Hearing: 7 September 2007

Date of Decision: 7 September 2007

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D E C I S I O N

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Hon Tang VP (giving Decision the of the Court):

1.This is the application for security for costs against Madam Cheung Ying-lam, the 2^nd named plaintiff.

2.On 22 May 2007, I made an order for security for costs against Mr Fu Pui-yuen, the 1^st named plaintiff / appellant, in the sum of $150,000 to be provided within 14 days of that date.

3.No security having been provided, Mr Fu’s appeal has been struck out.

4.Madam Cheung is therefore the sole remaining appellant.

5.Today’s application is for security in the sum of $220,000 in respect of Madam Cheung’s appeal.

6.On the evidence before me, I am satisfied that this is a case where security should be ordered.  The amount of security I would order is $150,000 which should be sufficient for an appeal estimated to take 1 day.

7.So the order I would make is security to be furnished by payment into court within 14 days of today.

8.The appeal be stayed until such security is given.

9.In default of such security being furnished within the aforesaid time, the appeal do stand dismissed without further order with costs to be taxed and paid by Madam Cheung Ying-lam, the 2^nd named plaintiff / appellant.

10.The cost of this application be cost in the cause of the appeal.

Ms B Ip of Messrs Lily Fenn & Partners, for the Defendant.

The 2^nd named Plaintiff, in person, absent.