12 Jan 2021
SUNNI INTERNATIONAL LTD v. KAO WAI HO FRANCIS AND ANOTHER
- Citation
- [2021] HKCFI 79
- Court
- Court of First Instance
- Case number
- HCA1884/2018
The plaintiff, being a BVI company in liquidation with evidence of substantial proofs of debt and admitted lack of assets, failed to rebut the presumption of inability to pay defendants' costs; the availability of potential non-party funders under s 52A does not replace the primary remedy of security for costs; delay by defendants was not sufficient to defeat the application; the proposed security in the form of AFH share interests was not readily realisable and therefore inadequate; applying a broad brush reduction to the defendants' bill the court fixed just security at HK$8.4 million and o…