HUI PO CHI 對 TRADE TRAVEL (HONG KONG) LTD

HUI PO CHI 對 TRADE TRAVEL (HONG KONG) LTD

The appellant failed to show a strong prospect of success on appeal or to rebut evidence of impecuniosity; there was no basis to disturb the trial judge's credibility and factual findings; accordingly security for costs was ordered in a reduced reasonable sum and the appeal was stayed pending payment, with costs...

Source-derived case information.

Citation
[2023] HKCA 840
Parties
Appellant: HUI PO CHI; Respondent: TRADE TRAVEL (HONG KONG) LIMITED
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
11 July 2023
Case Number
CACV292/2022
Procedural Posture
Civil Appeal (personal Injury) / Decision on Security for Costs Application; Appeal Stayed Pending Payment
Outcome
Security for costs ordered; appeal stayed pending payment; appeal to be struck out if security not provided within 28 days; respondent awarded costs.
Legal Topics
Appeal, Security for Costs, Standard of Proof, Credibility Findings, Contributory Negligence
Source Language
ch
Civil Procedure Tort Personal Injury Costs Appeal Security for Costs Standard of Proof Credibility Findings +1 more

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Downloadable case file Legal principles 4 Authorities cited 4 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

HUI PO CHI

Appellant

TRADE TRAVEL (HONG KONG) LIMITED

Respondent

Procedural Posture

Civil Appeal (personal Injury) / Decision on Security for Costs Application; Appeal Stayed Pending Payment

  1. 1 Whether the appellant proved the accident occurred on the balance of probabilities
  2. 2 Whether the appellant demonstrated a sufficiently strong and arguable appeal to resist an order for security for costs
  3. 3 Whether the trial judge erred in credibility or in law such that the appeal is likely to succeed

Ratio Decidendi

The appellant failed to show a strong prospect of success on appeal or to rebut evidence of impecuniosity; there was no basis to disturb the trial judge's credibility and factual findings; accordingly security for costs was ordered in a reduced reasonable sum and the appeal was stayed pending payment, with costs awarded to the respondent.

Court Disposition

Security for costs ordered; appeal stayed pending payment; appeal to be struck out if security not provided within 28 days; respondent awarded costs.

Orders

  • Appellant to pay into court HK$200,000 within 28 days as security for costs of the appeal dated 28 July 2022
  • The appeal is stayed until the security is provided