陳元蘭 對 國泰航空飲食服務（香港）有限公司

陳元蘭 對 國泰航空飲食服務（香港）有限公司

Applicant was shown to be impecunious and, on a preliminary assessment, did not demonstrate sufficiently strong prospects of success or other countervailing factors to displace the respondent's entitlement to security; accordingly, the court ordered payment of HKD200,000 as security for costs and awarded the...

Source-derived case information.

Citation
[2019] HKCA 95
Parties
Applicant: 陳元蘭; Respondent: 國泰航空飲食服務（香港）有限公司
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
23 January 2019
Case Number
CACV409/2018
Procedural Posture
Employee Compensation Appeal / Application for Security for Costs Pending Appeal
Outcome
application for security for costs granted in part
Legal Topics
Employees' Compensation, Security for Costs, Appeal, Occupational Disease
Source Language
ch
Employment Law Civil Procedure Personal Injury Law Employees' Compensation Security for Costs Appeal Occupational Disease

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Parties

陳元蘭

Applicant

國泰航空飲食服務（香港）有限公司

Respondent

Procedural Posture

Employee Compensation Appeal / Application for Security for Costs Pending Appeal

Legal Issues

  1. 1 Whether respondent was entitled to an order for security for costs under High Court Rules Order 59
  2. 2 Whether applicant was impecunious and would be unable to pay respondent's costs if the appeal failed
  3. 3 Whether the applicant's appeal had sufficiently strong prospects to outweigh an order for security for costs

Ratio Decidendi

Applicant was shown to be impecunious and, on a preliminary assessment, did not demonstrate sufficiently strong prospects of success or other countervailing factors to displace the respondent's entitlement to security; accordingly, the court ordered payment of HKD200,000 as security for costs and awarded the respondent HKD80,000 for the application costs, with the appeal stayed until payment and service of notice.

Court Disposition

application for security for costs granted in part

Orders

  • Applicant to deposit HKD200000 with the Court by 1 April 2019 as security for the respondent's costs in the appeal
  • All further proceedings in the appeal stayed until the security is paid and a notice is served on the Judicial Registrar of Civil Appeals and the respondent's solicitors on the same day as payment