Menno Leendert Vos v. Global Fair Industrial Ltd and Others

CACV281/2009

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 281 OF 2009

(ON APPEAL FROM HCA 4200 OF 1995)

________________________

BETWEEN

AND BETWEEN

________________________

Before : Hon Cheung JA in Chambers

Date of Hearing : 13 July 2010

Date of Decision :13 July 2010

Date of Reasons for Decision : 15 July 2010

________________________

REASONS FOR DECISION

________________________

1.This is the plaintiff’s application against the 1^st, 3^rd and 6^th defendants for security for costs of their appeal.

2.The 6^th defendant who also represented the 1^st and 3^rd defendants said that she recently has obtained a job earning $50,000 per month.  She indicated that she will retain counsel for the appeal; their part of the appeal will last one to one and half days and she would be willing to pay security of about $200,000 by the end of November 2010. 

3.In my view the plaintiff has established a case for security.  Judging by the length of the notice of appeal the estimated length of the appeal is four days.  Based on the estimate, I made the following orders :

(1) The 1^st, 3^rd and 6^th defendants are required to pay into court on or before 13 October 2010 the sum of $390,000 as security for the appeal.

(2) Pending payment in the appeal is stayed.

(3) In default of payment in the appeal is dismissed with costs to the plaintiff.

(4) Costs of the application be in the cause of the appeal.

Mr. Douglas Lam, instructed by Messrs T. C. Foo & Co, for the Plaintiff (by original action)

1^st Defendant (by original action), represented by the 6^th Defendant, in person, present

3^rd Defendant (by original action), represented by the 6^th Defendant, in person, present

6^th Defendant (by original action), in person, present