1 Sept 2008
Because the appellant admits impecuniosity and, on the papers, the appeal lacks substantial merit, the court ordered that the appellant must lodge security of $53,800 by the specified date or the appeal will be stayed and liable to be dismissed if security is not provided.
26 Jul 2006
The court refused both applications because (1) in inter partes originating summons proceedings there is no absolute duty to disclose documents the plaintiff considers irrelevant, the Bank had acknowledged the documents and the defendant already possessed identical versions so no prejudice was shown, and forensic examination would not advance the defence; and (2) the proposed counterclaim alleging perjury was raised unreasonably late contrary to the requirement to raise counterclaims at the earliest opportunity (RHC Order 28 r 7(2)), therefore both applications were dismissed with costs and t…
11 Apr 2006
The Master’s summary judgment was set aside because material triable issues and late evidence required further scrutiny; conditional leave to defend was granted on the basis that Mr Lam must pay into court the current HKD equivalent of JP 42,560,000 (as determined by HSBC mid‑market rate on the date of judgment) within 30 days or provide security to the satisfaction of a Master; this protects the plaintiff's recovery while allowing resolution of factual disputes at trial.