3 Feb 1994
WANG SIAU (OR HSIAO) YU v. WU CHO MEI (or MAY) t/a MUI FAR CHUNG RESTAURANT AND ANOTHER
- Citation
- WANG SIAU (OR HSIAO) YU v. WU CHO MEI (or MAY) t/a MUI FAR CHUNG RESTAURANT AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV121/1993
Where an unchallenged affidavit of means establishes that a defendant cannot meet a payment-into-court condition, the court must vary the condition rather than leave it at a level that would preclude a genuine right to defend; accordingly the court substituted HK$200,000 for HK$750,000 and allowed the appeal to that extent, relying on M V Yorke Motors.