30 May 1985
HWANG YIOU KWA, VICTOR AND ANOTHER v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK
- Citation
- HWANG YIOU KWA, VICTOR AND ANOTHER v. MORGAN GUARANTY TRUST COMPANY OF NEW YORK
- Court
- Court of Appeal
- Case number
- CACV78/1985
The Court allowed the appeal and exercised its discretion after reviewing the defendants' affirmations of means, concluding the original condition (HK$11,600,000) was disproportionate and potentially impossible to fulfil; it substituted a reasonable sum (HK$500,000) to secure conditional leave to defend, applying the principle from M.V. Yorke Motors that the court should not impose impossible financial conditions and that the defendant must provide proper evidence of impecuniosity.