YIP SIU MAN, ALLAN 對 FAR EAST HYDROFOIL CO LTD

YIP SIU MAN, ALLAN 對 FAR EAST HYDROFOIL CO LTD

The court exercised its discretion to refuse a stay under Legal Aid Ordinance s15(4) and ordered the appellant to pay HKD100,000 as security for costs within 28 days (failure to pay to result in dismissal of the appeal) because the appellant had repeatedly sought adjournments, had no substantive grounds in the...

Source-derived case information.

Citation
YIP SIU MAN, ALLAN 對 FAR EAST HYDROFOIL CO LTD
Parties
Appellant: Yip Siu Man, Allan; Respondent: Far East Hydrofoil Company Limited
Court
Court of Appeal
Jurisdiction
Hong Kong
Judgment Date
19 September 2012
Case Number
CACV26/2012
Procedural Posture
Civil Appeal / Hearing of Interlocutory Application for Security for Costs and Refusal to Stay Under Legal Aid
Outcome
Application for security for costs granted; application to suspend proceedings under Legal Aid Ordinance s15(4) refused; appeal to be dismissed if security not paid
Legal Topics
Security for Costs, Appeal, Legal Aid, Employer's Liability, Abuse of Process, Costs Order
Source Language
ch
Civil Procedure Employment Law Tort Security for Costs Appeal Legal Aid Employer's Liability Abuse of Process +1 more

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Parties

Yip Siu Man, Allan

Appellant

Far East Hydrofoil Company Limited

Respondent

Procedural Posture

Civil Appeal / Hearing of Interlocutory Application for Security for Costs and Refusal to Stay Under Legal Aid

  1. 1 Whether the court should order security for costs
  2. 2 Whether proceedings should be stayed pending legal aid determination under Legal Aid Ordinance s15(4)
  3. 3 Whether the appellant has reasonable prospects of success or is abusing process

Ratio Decidendi

The court exercised its discretion to refuse a stay under Legal Aid Ordinance s15(4) and ordered the appellant to pay HKD100,000 as security for costs within 28 days (failure to pay to result in dismissal of the appeal) because the appellant had repeatedly sought adjournments, had no substantive grounds in the appeal notice, had been refused legal aid previously, was on public assistance and could not provide security, and the appeal had negligible prospects of success; costs of the application ordered against the appellant.

Court Disposition

Application for security for costs granted; application to suspend proceedings under Legal Aid Ordinance s15(4) refused; appeal to be dismissed if security not paid

Orders

  • Appellant ordered to pay HKD100000 as security for costs within 28 days
  • If security is not paid within 28 days the appeal will be struck out/dismissed