梁翰偉 對 翁志明及另六人（大社壇之司理人）

梁翰偉 對 翁志明及另六人（大社壇之司理人）

Because the appellant remained impecunious, had unpaid assessed costs of HK$607,749, and did not demonstrate sufficiently strong grounds of appeal to rebut the risk of non‑payment, it was just and proper to order security for costs of HK$50,000 for the appeal.

Source-derived case information.

Citation
[2018] HKCA 317
Parties
Appellant: 梁翰偉; Respondent: 翁志明; Respondent: 李桂珍; Respondent: 葉少康; Respondent: 羅鎮良; Respondent: 何炳釗; Respondent: 鄺國威; Respondent: 孔憲禮（大社壇之司理人）
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
31 May 2018
Case Number
CACV287/2017
Procedural Posture
Bankruptcy Appeal / Security for Costs Application
Outcome
Order that the appellant must pay HK$50,000 as security for costs by 12 July 2018 or the appeal will be automatically dismissed on 13 July 2018; appeal stayed until 13 July 2018; appellant to pay respondents' costs of this application assessed at HK$10,000.
Legal Topics
Bankruptcy Order, Appeal, Security for Costs, Costs Assessment
Source Language
ch
Bankruptcy Civil Procedure Costs Law Bankruptcy Order Appeal Security for Costs Costs Assessment

Source-derived case record

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Parties

梁翰偉

Appellant

翁志明

Respondent

李桂珍

Respondent

葉少康

Respondent

羅鎮良

Respondent

何炳釗

Respondent

鄺國威

Respondent

孔憲禮（大社壇之司理人）

Respondent

Procedural Posture

Bankruptcy Appeal / Security for Costs Application

Legal Issues

  1. 1 Whether to order security for costs for the appellant's appeal
  2. 2 Whether the appellant's impecuniosity and unpaid costs justify security
  3. 3 Whether the appellant has sufficiently strong appeal grounds to rebut an order for security

Ratio Decidendi

Because the appellant remained impecunious, had unpaid assessed costs of HK$607,749, and did not demonstrate sufficiently strong grounds of appeal to rebut the risk of non‑payment, it was just and proper to order security for costs of HK$50,000 for the appeal.

Court Disposition

Order that the appellant must pay HK$50,000 as security for costs by 12 July 2018 or the appeal will be automatically dismissed on 13 July 2018; appeal stayed until 13 July 2018; appellant to pay respondents' costs of this application assessed at HK$10,000.

Orders

  • Unless the appellant pays HK$50,000 into court by 12 July 2018 the appeal will be automatically dismissed on 13 July 2018 without further order; if so dismissed the appellant must pay the respondents' costs of the appeal to be assessed by the Registrar
  • The appeal is stayed until 13 July 2018