Read the full judgment text of CACV 177/2012 on BabelCite. This Court of Appeal judgment was delivered on 29 January 2013 before Kwan JA.
Civil procedure – security for costs on appeal – committal for contempt – special circumstances – resident out of jurisdiction – assets held by others – countervailing factors – merits of appeal – Court of Appeal – Kwan JA – Effiscient Limited v Edward Eugene Lehman – CACV 177/2012 – application for security for costs on appeal against committal order – appellant resident out of jurisdiction – evidence of lack of substantial assets in Hong Kong – assets held by wife or BVI companies – special circumstances made out – merits of appeal not sufficiently strong to militate against security – security ordered in sum of $350,000 – stay of proceedings pending lodgement – default provision – costs in appeal.
Legal issues: Security for costs on appeal · Countervailing factors against security
Outcome: Security for costs ordered against the appellant, Edward Eugene Lehman, in the sum of $350,000.
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