4 Dec 2014
BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI CONSTRUCTION CO LTD AND ANOTHER
- Citation
- BIG ISLAND CONSTRUCTION (HK) LTD v. WU YI CONSTRUCTION CO LTD AND ANOTHER
- Court
- Court of Final Appeal
- Case number
- FAMP1/2014
The Court of Final Appeal has power to vary conditions imposed by the Court of Appeal under section 25 read purposively; exercising that discretion, the Court varied the Consent Order to require security of HK$400,000 per respondent (total HK$800,000) paid into court within 21 days because the general practice supports that quantum, the appellant has no assets making enforcement difficult, the appeal would not be stifled by the variation, and the original Consent Order was ambiguous and muddled; the additional asset-proof condition was refused as senseless and of no practical utility.