24 Aug 2009
AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON) also known as KASIKORNBANK PUBLIC CO LTD
- Citation
- AKAI HOLDINGS LTD (IN LIQUIDATION) v. THANAKHARN KASIKORN THAI CHAMKAT (MAHACHON) also known as KASIKORNBANK PUBLIC CO LTD
- Court
- Court of Appeal
- Case number
- CACV177/2008
The Court of Appeal holds that there is jurisdiction/power to stay payment out of security for costs; Wincheer does not preclude that conclusion and Stabilad is persuasive; the exercise of the power is discretionary and depends on evidence, so Akai's application for payment out is adjourned to be heard together with the Bank's applications for leave to appeal and stays.