Read the full judgment text of CACV 125/2011 on BabelCite. This 高等法院上訴法庭 judgment was delivered on 8 November 2011 before Hon Kwan JA.
Civil procedure — Security for costs — Appeal from Hong Kong Court of First Instance — Stratech Systems Limited, a Singapore-incorporated company with no Hong Kong assets, appeals judgment for ATAL Technologies Limited for HK$8.72 million — Application for security for costs under Order 59 rule 10(5) — Consideration of reciprocal enforcement arrangements between Hong Kong and Singapore under Cap. 319 and Singapore's Reciprocal Enforcement of Foreign Judgments Act — Whether enforcement of costs orders would cause undue delay or expense — Assessment of appellant's financial status, including recent losses but maintained substantial net assets and secured new contracts — Court held that special circumstances were not made out — Security for costs refused — Costs of the application awarded to the respondent. The judgment highlights the principles governing security for costs in the appellate context when the appellant is foreign-resident, emphasizing statutory enforcement mechanisms and financial evidence in assessing risk.
Legal issues: Security for costs on appeal where appellant is foreign resident
Outcome: The summons for security for costs is dismissed; ATAL ordered to pay Stratech’s costs of the application.
Cited by 2 cases · Cites 2 cases