24 May 2024
YIP LAI FONG AND ANOTHER v. SIN TUNG HING AND OTHERS
- Citation
- [2024] HKCFI 1390
- Court
- Court of First Instance
- Case number
- HCA1282/2003
Appeal allowed and Master Kwong’s security order set aside because (1) defendants sought security after egregious and unexplained delays of many years which fatally undermined the equities of granting security, (2) defendants’ prior CMS statements that they accepted and would be bound by the SPC (PRC) judgment and would not pursue liability made an order for security unjust, and (3) it would be unfair to dismiss the action where plaintiffs had filed a timely appeal applying for a stay; accordingly the security and dismissal summonses were dismissed.