Tang Wai Cho v. Tang Wai Leung

CACV 289/2011

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 289 OF 2011

(ON APPEAL FROM HCA NO. 2207 OF 2007)

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BETWEEN

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REASONS FOR DECISION

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1.On 3 October 2013 I ordered security for costs of the appeal in the sum of $300,000 to be furnished by the plaintiff. As the prospective costs covered two appeals, I ordered the payment in to be made in two tranches.

2.The application for security was based on the impecuniousity of the plaintiff who was legally aid in the trial below and now legally represented. His counsel Mr Maurice Chan asked for an adjournment of the application for security on the ground that the plaintiff had appealed against the refusal by the Director of Legal Aid to grant him legal aid and the Master who heard the appeal had reserved his decision.  In my view this was an irrelevant consideration and I refused to adjourn the application.

3.Apart from requesting time, the plaintiff had not really put forward any substantial grounds in opposition to the application both in terms of his financial condition and the merits of his appeal.

4.I was satisfied that proper grounds had been made out for the application, accordingly I granted the relief.

Mr Maurice J. Chan, instructed by Fung, Wong, Ng & Lam, for the plaintiff

Mr Wilfred Tsui, instructed by Simon C. W. Yung & Co., for the defendant