Read the full judgment text of CACV 88/2014 on BabelCite. This Court of Appeal judgment was delivered on 8 May 2015 before Cheung JA, Kwan JA.
Civil procedure – security for costs – impecuniosity – patent infringement – appeal – stay – costs order – burden on appellant to show high chance of success – plaintiff cash-strapped and reliant on 1st defendant's financial assistance – plaintiff failed to demonstrate financial resources to pay appeal costs – appeal only reasonably arguable, not so strong as to avoid security – security for costs of $1.5 million ordered – default provision – costs of application awarded to 1st defendant.
Legal issues: Security for costs – impecuniosity · Security for costs – merits of the appeal
Outcome: Security for costs ordered against the plaintiff. The plaintiff must pay $1.5 million into court as security for the 1st defendant's costs of the appeal.
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