8 May 2023
CHINACHEM CHARITABLE FOUNDATION LTD v. THE SECRETARY FOR JUSTICE AND OTHERS
- Citation
- [2023] HKCA 648
- Court
- Court of Appeal
- Case number
- CACV106/2022
The Court held the 2nd defendant discharged the burden of showing the plaintiff was impecunious (supported by earlier Court of Appeal decision, the plaintiff’s financial statements showing net insolvency and auditors’ material uncertainty, and unproven donations); the appeal’s merits did not outweigh the need for security; accordingly security of HK$470,000 was ordered to be paid into court within 28 days, the appeal was stayed until payment, default would result in dismissal with costs, and the 2nd defendant was awarded costs of the application.