2 Jun 2003
MAK SHIU TONG v. YUE KWOK YING AND ANOTHER
- Citation
- MAK SHIU TONG v. YUE KWOK YING AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV199/2002
Because the 1st defendant, though impecunious, demonstrated real and substantial grounds of appeal based on disclosed evidence (including arbitration decision and promises to complete/pay interest) such that ordering security would unjustly preclude his appeal, the Court allowed the appeals and set aside the orders for security for costs and the dismissal; striking out is appropriate only where a defence is incurably bad and that threshold was not met on the disclosed material.