蕭天恩 對 CS IXPRESS.COM LTD t/a GOLDEN DELIVERY CO

蕭天恩 對 CS IXPRESS.COM LTD t/a GOLDEN DELIVERY CO

Security for costs of HK$245,000 was ordered because the appellant was found to be impecunious and the appeal did not show an obvious or manifest prospect of success on a preliminary assessment; it was fair to protect the respondent against difficulty in enforcing costs, and the amount was reasonable to cover...

Source-derived case information.

Citation
[2019] HKCA 974
Parties
Appellant: 蕭天恩 (SIU TIN YAN); Respondent: CS IXPRESS.COM LIMITED trading as GOLDEN DELIVERY CO.
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
28 August 2019
Case Number
CACV459/2018
Procedural Posture
Civil Appeal (personal Injury/industrial Accident) / Security for Costs Application on Appeal
Outcome
Application for security for costs granted.
Legal Topics
Security for Costs, Appeal, Negligence, Statutory Duty, Assessment of Damages, Legal Aid
Source Language
ch
Civil Procedure Employment Law Tort Occupational Safety and Health Law Security for Costs Appeal Negligence Statutory Duty +2 more

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Parties

蕭天恩 (SIU TIN YAN)

Appellant

CS IXPRESS.COM LIMITED trading as GOLDEN DELIVERY CO.

Respondent

Procedural Posture

Civil Appeal (personal Injury/industrial Accident) / Security for Costs Application on Appeal

  1. 1 Whether the court should order security for costs for an appeal under Order 59 r10(5)
  2. 2 Whether the appellant is impecunious such that enforcement of costs orders would be difficult
  3. 3 Whether the appeal has a reasonable or obvious prospect of success on the merits

Ratio Decidendi

Security for costs of HK$245,000 was ordered because the appellant was found to be impecunious and the appeal did not show an obvious or manifest prospect of success on a preliminary assessment; it was fair to protect the respondent against difficulty in enforcing costs, and the amount was reasonable to cover estimated appeal costs including an assessed summary costs figure of HK$80,000.

Court Disposition

Application for security for costs granted.

Orders

  • Appellant must pay HK$245,000 into court within 28 days as security for the respondent's costs of the appeal.
  • All proceedings in this appeal are stayed until the security for costs of HK$245,000 is paid into court and the appellant serves the required notices on the Civil Appeals Master and the respondent's solicitors on the same day.