余志成 對 香港復康會

余志成 對 香港復康會

Given the appellant's admitted impecuniosity and the court's assessment that the evidence filed on appeal did not establish sufficient prospects of success to displace a security requirement, the court exercised its discretion to order security for appeal costs of HK$100,000 and stayed the appeal pending payment;...

Source-derived case information.

Citation
余志成 對 香港復康會
Parties
Applicant: 余志成; Respondent: 香港復康會
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 November 2012
Case Number
CACV151/2011
Procedural Posture
Civil Appeal Employees' Compensation / Appeal; Security for Costs Application and Stay Pending Payment
Outcome
Appeal stayed pending provision of security for costs; security ordered.
Legal Topics
Occupational Disease, Interim Payment, Security for Costs, Appeal Merits
Source Language
ch
Employees' Compensation Civil Procedure Administrative/appeal Procedure Occupational Disease Interim Payment Security for Costs Appeal Merits

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Parties

余志成

Applicant

香港復康會

Respondent

Procedural Posture

Civil Appeal Employees' Compensation / Appeal; Security for Costs Application and Stay Pending Payment

  1. 1 Whether an interim payment can be ordered in absence of undisputed facts or an admission of liability
  2. 2 Whether the appellant must provide security for appeal costs given his admitted impecuniosity and the prospects of success
  3. 3 Whether newly produced medical and administrative evidence establishes sufficient prima facie merit to avoid a security order

Ratio Decidendi

Given the appellant's admitted impecuniosity and the court's assessment that the evidence filed on appeal did not establish sufficient prospects of success to displace a security requirement, the court exercised its discretion to order security for appeal costs of HK$100,000 and stayed the appeal pending payment; issues of liability and occupational disease are to be resolved at trial.

Court Disposition

Appeal stayed pending provision of security for costs; security ordered.

Orders

  • Applicant to pay security for appeal costs of HK$100,000.
  • The security must be lodged in court by 14 December 2012 at 4:00 pm.