陳紅紀 v. Chui Kwok Choi

陳紅紀 v. Chui Kwok Choi

Because the plaintiff is resident out of the jurisdiction and on first impression the merits favor the defendant, justice required an order for security for costs; accordingly the court ordered security of $85,000 to be paid into court within three months and stayed the action pending payment; leave to appeal was refused.

Citation
陳紅紀 v. Chui Kwok Choi
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 December 2001
Case Number
DCPI194/2001
Procedural Posture
Civil Personal Injury (application for Security for Costs) / Interlocutory Application for Security for Costs; Application for Leave to Appeal Refused
Outcome
Order for security for costs granted; action stayed pending payment; leave to appeal refused.
Legal Topics
Security for Costs, Stay of Proceedings, Leave to Appeal, Jurisdictional Residence, Assessment of Merits at Interlocutory Stage
Source Language
EN
Civil Procedure Costs Private International Law Security for Costs Stay of Proceedings Leave to Appeal Jurisdictional Residence Assessment of Merits at Interlocutory Stage

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 2 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Procedural Posture

Civil Personal Injury (application for Security for Costs) / Interlocutory Application for Security for Costs; Application for Leave to Appeal Refused

Legal Issues

  1. 1 Whether to order security for costs against a plaintiff resident outside the jurisdiction
  2. 2 Whether the court may have regard to the merits at the interlocutory stage when deciding security for costs
  3. 3 Appropriate consequence if security is not provided (stay or strike out)

Ratio Decidendi

Because the plaintiff is resident out of the jurisdiction and on first impression the merits favor the defendant, justice required an order for security for costs; accordingly the court ordered security of $85,000 to be paid into court within three months and stayed the action pending payment; leave to appeal was refused.

Court Disposition

Order for security for costs granted; action stayed pending payment; leave to appeal refused.

Orders

  • Security for costs in the sum of $85,000 to be paid into court within three months of the date of the order
  • Action stayed pending payment of the security