2 Dec 2021
SIU WAI MING v. SHIU WAI HONG AND OTHERS
- Citation
- [2021] HKCA 1802
- Court
- Court of Appeal
- Case number
- CACV84/2020
The court declined to order security because the Defendants failed to produce sufficient evidence of the Plaintiff's impecuniosity or of a real risk of inability to satisfy a costs order; the Plaintiff demonstrated sufficient net equity in the Aegean Coast Property to cover the Defendants' reasonable appeal costs; the Defendants' estimated costs were excessive (unjustified fees and number of counsel); and neither the delay nor the merits of the appeal was decisive. Accordingly the discretion was not exercised in favour of security.