MARK CLINTON SHARP v. WONG CHI LIK, STEVEN AND ANOTHER

MARK CLINTON SHARP v. WONG CHI LIK, STEVEN AND ANOTHER

Short delay in filing notice of appeal excusable and time extended to 9 November 2009; on merits at interlocutory stage the emails, signed confirmation and related correspondence gave the plaintiff a very high probability of success and showed the 2nd defendant's knowledge such that ordering security for costs was unjustified; the counterclaim did not make the plaintiff solely an attacker warranting security; sum sought was excessive and, in any event, the HK$200,000 fortification did not constitute security for costs; therefore defendants' appeal against the Master was dismissed and costs awarded to the plaintiff.

Citation
MARK CLINTON SHARP v. WONG CHI LIK, STEVEN AND ANOTHER
Parties
Plaintiff: Mark Clinton Sharp; 1st Defendant: Wong Chi Lik, Steven; 2nd Defendant: Chan Wai Ling, Iris
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
19 November 2009
Case Number
HCA2215/2008
Procedural Posture
Civil Appeal Against Interlocutory Order (security for Costs) / Interlocutory Appeal From Master Ng's Dismissal of Defendants' Application for Security for Costs
Outcome
Appeal dismissed; extension of time to file notice of appeal granted to 9 November 2009; defendants ordered to pay plaintiff's costs of the appeal.
Legal Topics
Security for Costs, Partnership Accounting, Constructive Trust, Mareva Injunction, Extension of Time to Appeal, Costs Orders
Source Language
EN
Civil Procedure Contract Trust Partnership Law Injunctive Relief Enforcement of Foreign Judgments Security for Costs Partnership Accounting +4 more

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Parties

Mark Clinton Sharp

Plaintiff

Wong Chi Lik, Steven

1st Defendant

Chan Wai Ling, Iris

2nd Defendant

Procedural Posture

Civil Appeal Against Interlocutory Order (security for Costs) / Interlocutory Appeal From Master Ng's Dismissal of Defendants' Application for Security for Costs

Legal Issues

  1. 1 Whether to grant extension of time to file notice of appeal
  2. 2 Whether to order security for costs under Order 23 r 1 given plaintiff's residence out of jurisdiction and lack of assets in Hong Kong
  3. 3 Whether the existence of a counterclaim by the 1st defendant negates ordering security for costs against the plaintiff

Ratio Decidendi

Short delay in filing notice of appeal excusable and time extended to 9 November 2009; on merits at interlocutory stage the emails, signed confirmation and related correspondence gave the plaintiff a very high probability of success and showed the 2nd defendant's knowledge such that ordering security for costs was unjustified; the counterclaim did not make the plaintiff solely an attacker warranting security; sum sought was excessive and, in any event, the HK$200,000 fortification did not constitute security for costs; therefore defendants' appeal against the Master was dismissed and costs awarded to the plaintiff.

Court Disposition

Appeal dismissed; extension of time to file notice of appeal granted to 9 November 2009; defendants ordered to pay plaintiff's costs of the appeal.

Orders

  • Time for filing notice of appeal extended to 9 November 2009
  • Appeal dismissed