廖自敏 對 美國安利(香港)日用品有限公司

廖自敏 對 美國安利(香港)日用品有限公司

The court granted the respondent's application for security for costs and ordered payment of HK$100,000 because the appellant failed to provide adequate evidence of ability to pay or to rebut the realistic risk that enforcement of costs would be difficult, and the appeal did not demonstrate such strong prospects as...

Source-derived case information.

Citation
[2024] HKCA 67
Parties
Appellant: LIU CHI MAN (廖自敏); Respondent: AMWAY HONG KONG LIMITED (美國安利(香港)日用品有限公司)
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
17 January 2024
Case Number
CACV462/2022
Procedural Posture
Civil Appeal / Interlocutory Security for Costs Application
Outcome
respondent's application for security for costs granted; appeal stayed pending payment
Legal Topics
Security for Costs, Res Judicata / Henderson V Henderson, Abuse of Process, Stay Pending Security for Costs
Source Language
ch
Civil Procedure Costs Res Judicata Appeal Security for Costs Res Judicata / Henderson V Henderson Abuse of Process Stay Pending Security for Costs

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Parties

LIU CHI MAN (廖自敏)

Appellant

AMWAY HONG KONG LIMITED (美國安利(香港)日用品有限公司)

Respondent

Procedural Posture

Civil Appeal / Interlocutory Security for Costs Application

Legal Issues

  1. 1 Whether the court should order security for costs under High Court Rules Cap.4A O.59 r.10(5)
  2. 2 Whether the appellant is impecunious and enforcement of a costs order would be difficult
  3. 3 Whether the appeal has sufficient prospects to displace an order for security for costs

Ratio Decidendi

The court granted the respondent's application for security for costs and ordered payment of HK$100,000 because the appellant failed to provide adequate evidence of ability to pay or to rebut the realistic risk that enforcement of costs would be difficult, and the appeal did not demonstrate such strong prospects as to justify withholding an order for security; the appeal is stayed until the security is paid and non-payment will result in immediate dismissal and an order to pay the respondent's costs.

Court Disposition

respondent's application for security for costs granted; appeal stayed pending payment

Orders

  • Appellant must pay HK$100,000 into court within 28 days as security for the respondent's costs of this appeal (excluding costs of the present security application)
  • All proceedings in this appeal are stayed until the security is paid and the appellant serves notice of payment on the Civil Appeals Registrar and the respondent on the same day