南洋商業銀行有限公司及另一人 對 林兆英及另二人

南洋商業銀行有限公司及另一人 對 林兆英及另二人

The single judge lawfully exercised discretion to require security for costs (HK$170,000) because the defendants had not paid earlier assessed costs, their prospects of success were insufficient to displace the requirement, and the settlement between plaintiff and third defendant did not discharge the defendants'...

Source-derived case information.

Citation
南洋商業銀行有限公司及另一人 對 林兆英及另二人
Parties
Plaintiff: 南洋商業銀行有限公司; Plaintiff: 南洋商業銀行(中國)有限公司; Defendant: 林兆英; Defendant: 楊女; Defendant: 陳思亮
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
10 December 2014
Case Number
CACV59/2014
Procedural Posture
Civil Appeal / Appeal Against Single Judge's Order for Security for Costs and Costs of Appeal
Outcome
appeal dismissed
Legal Topics
Security for Costs, Discretionary Relief, Standard of Appellate Review, Effect of Settlement on Liability
Source Language
ch
Civil Procedure Appeals Security for Costs Discretionary Relief Standard of Appellate Review Effect of Settlement on Liability

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Parties

南洋商業銀行有限公司

Plaintiff

南洋商業銀行(中國)有限公司

Plaintiff

林兆英

Defendant

楊女

Defendant

陳思亮

Defendant

Procedural Posture

Civil Appeal / Appeal Against Single Judge's Order for Security for Costs and Costs of Appeal

  1. 1 Whether the single judge erred in ordering security for costs
  2. 2 Whether defendants' failure to pay earlier costs and their financial position justified security for costs
  3. 3 Whether the settlement between plaintiff and third defendant extinguished first and second defendants' liability

Ratio Decidendi

The single judge lawfully exercised discretion to require security for costs (HK$170,000) because the defendants had not paid earlier assessed costs, their prospects of success were insufficient to displace the requirement, and the settlement between plaintiff and third defendant did not discharge the defendants' liability; the appellate court found no error of principle and therefore dismissed the appeal and upheld the security order.

Court Disposition

appeal dismissed

Orders

  • Single judge's order requiring the first and second defendants to provide security for costs in the sum of HK$170,000 upheld
  • First and second defendants ordered to pay the plaintiffs' costs of this appeal