15 May 2018
DESIGNING HONG KONG LTD v. THE TOWN PLANNING BOARD, SECRETARY FOR JUSTICE
- Citation
- [2018] HKCFA 16
- Court
- Court of Final Appeal
- Case number
- FACV4/2018
Appeal dismissed. Court applied Corner House principles and held PCOs are exceptional; applicant bears burden to disclose financial ability to meet likely adverse costs; where a company lacks funds the court may in appropriate circumstances inquire into directors/shareholders/backers' resources and reasons for non-support; DHKL failed to provide adequate financial information from its directors/guarantors and they were unwilling to support litigation, producing unfairness to respondent; consequently a PCO was not justified on the facts.