1 Nov 2016
DANA SHIPPING AND TRADING SA v. SINO CHANNEL ASIA LTD
- Citation
- DANA SHIPPING AND TRADING SA v. SINO CHANNEL ASIA LTD
- Court
- Court of Appeal
- Case number
- CACV177/2016
Although special circumstances (overseas residence and evidence of impecuniosity) were present, the Court exercised its discretion to refuse security for costs because countervailing factors — notably the special nature of enforcement proceedings for international arbitral awards, the statutory and rule framework requiring the award debtor to provide substantive security, and established authority reluctant to impose security on foreign award creditors — outweighed the factors relied on by the respondent; the applicant's impecuniosity alone was insufficient and the applicant's appeal was reas…