20 Oct 2023
張鵬舉 v. 原翠美
- Citation
- [2023] HKCA 1200
- Court
- Court of Appeal
- Case number
- CACV257/2022
On the material before the court the defendant is impecunious (no income since 2020, unpaid costs orders, resort to loans) and the plaintiff would likely face undue delay and expense enforcing any costs order; the defendant did not establish sufficiently strong merits or an inability to raise the security to justify refusing security. Accordingly, it is just to order security for costs for the appeal in the sum fixed by the court and to stay the appeal until payment is made, with dismissal consequences for default and costs awarded to the plaintiff.