Hong Kong Case Law: Decisions & Judgments

Topic

Stay of appeal

Legal area

Court

23 Apr 2026

FIRST LASER LTD AND ANOTHER v. FUJIAN ENTERPRISES (HOLDINGS) CO LTD AND ANOTHER

Citation

[2026] HKCA 564
Court

Court of Appeal
Case number

CACV396/2025

Special circumstances existed because the 1st plaintiff is Macau incorporated, the 2nd plaintiff is Macanese, the 1st plaintiff has failed to discharge substantial taxed costs, and enforcement of a costs order would likely be difficult and expensive; plaintiffs offered no countervailing evidence or submissions on merits; exercising its residual discretion and applying a broad‑brush approach to quantum, the court ordered security of HK$2,000,000, stayed the appeal until payment, provided for dismissal in default and awarded costs of the application of HK$100,000 to the defendants.
12 Mar 2024

21 FINANCE LTD v. GAN LEI AND ANOTHER

Citation

[2024] HKCA 237
Court

Court of Appeal
Case number

CACV207/2023

Plaintiff discharged its burden of showing reason to believe defendants are impecunious (defaults on loan repayments and rates, evidence that sale proceeds likely insufficient, and defendants produced no contrary evidence); the court exercised its discretion to require security for costs but reduced the amounts sought to proportionate sums ($160,000 for CACV 207/2023 and $80,000 for CACV 208/2023), ordered stays until payment, and provided that failure to pay will result in dismissal of the appeals with costs to the plaintiff.
12 Mar 2024

21 FINANCE LTD v. GOLDEN HORSE ASIA PACIFIC LTD AND ANOTHER

Citation

[2024] HKCA 237
Court

Court of Appeal
Case number

CACV208/2023

Applicant discharged burden of showing reason to believe defendants were impecunious based on defaults, valuations and shortfall evidence; court exercised discretion to order security but reduced plaintiff's requested amounts to just sums reflecting reasonable party-to-party costs: HKD 160,000 for CACV 207/2023 and HKD 80,000 for CACV 208/2023; appeals stayed pending payment and will be dismissed in default, with costs awarded to plaintiff as assessed.
12 Nov 2021

CHONG CHIN AND ANOTHER v. GUOAN INTERNATIONAL LTD

Citation

[2021] HKCA 1707
Court

Court of Appeal
Case number

CACV136/2021

Given the evidence of the defendant's inability to meet the judgment, the presentation of a winding‑up petition, suspension of trading and group net current liabilities, and because the appeal was not shown to be so meritorious as to justify refusing security, the Court exercised its discretion to order security for costs (HK$700,000), stay the appeal pending payment, and provide that failure to pay will result in dismissal of the appeal and costs to the plaintiffs.
19 Aug 2019

SETO WAI LEUNG BENNY v. SE-TO SHUK YEE AND OTHERS

Citation

[2019] HKCA 943
Court

Court of Appeal
Case number

CACV601/2018

Security for costs was ordered because the appellant's residence in the USA and limited apparent assets created real enforcement difficulties and additional costs, and the appellant failed at this stage to show the appeal was so plainly meritorious as to outweigh those special circumstances; HK$380,000 was fixed as appropriate security and the appeal was stayed pending payment, with dismissal if not paid.
8 Feb 2017

GURUNG RUDRA BAHADUR v. WILL PLAN CONSTRUCTION CO LTD AND ANOTHER

Citation

GURUNG RUDRA BAHADUR v. WILL PLAN CONSTRUCTION CO LTD AND ANOTHER
Court

Court of Appeal
Case number

CACV163/2016

Security for costs in the sum of HK$230,000 was ordered because the appellant is impecunious and unlikely to be able to pay defendants' costs if the appeal fails, and the appeal mainly challenges factual findings which are unlikely to be overturned; accordingly the discretion to refuse security was not exercised in the appellant's favor.
19 Sept 2016

RE LIU YI FANG

Citation

RE LIU YI FANG
Court

Court of Appeal
Case number

CACV106/2016

Because the bankrupt is impecunious, has substantial proved debts and minimal recoveries, and has failed to comply with prior income payment orders, the Court exercised its discretion to order security for costs in the sum of HK$270,000, stayed the appeal pending payment, and ordered dismissal in default with costs to the Trustees.
19 Sept 2014

李紹義對 MACAU JOCKEY CLUB

Citation

李紹義對 MACAU JOCKEY CLUB
Court

Court of Appeal
Case number

CACV107/2014

Because the appellant admitted financial difficulty, failed to disclose assets or provide evidence of means to meet adverse costs, did not show a sufficiently arguable appeal to justify excusal, and the respondent demonstrated valid default judgment, statutory demand and bankruptcy proceedings, the court exercised its discretion to order security for costs of HK$50,000, stayed the appeal pending payment, and provided that failure to pay would result in dismissal and payment of respondent's costs.
24 Oct 2012

RE DR ALICE LI MIU LING

Citation

RE DR ALICE LI MIU LING
Court

Court of Appeal
Case number

CACV168/2012

Appellant established impecuniosity and produced no evidence or countervailing factors; the appeal's sole ground lacked supporting evidence and the court formed no view that the appeal's merits were sufficiently strong to displace the need for security; accordingly an order for security for costs of HK$100,000 was necessary, with the appeal stayed until payment and dismissal in default, and costs ordered against the appellant.
7 Sept 2011

YICK TAT DEVELOPMENT CO (a firm) v. YUNG CHUNG YIU

Citation

YICK TAT DEVELOPMENT CO (a firm) v. YUNG CHUNG YIU
Court

Court of Appeal
Case number

CACV66/2011

Security for costs was ordered because the defendant proved a real risk of enforcement difficulty and the plaintiff/appellant failed to show a strong prospect of success that would justify refusing security; accordingly the court ordered HK$120,000 to be paid into court within 14 days and stayed the appeal pending payment, with dismissal if payment not made.