22 Feb 1991
CHINA UNDERWRITERS LIFE AND GENERAL INSURANCE CO LTD v. BBMB FINANCE (HONG KONG) LTD
- Citation
- CHINA UNDERWRITERS LIFE AND GENERAL INSURANCE CO LTD v. BBMB FINANCE (HONG KONG) LTD
- Court
- Court of Appeal
- Case number
- CACV14/1991
The judge correctly exercised his discretion in refusing security because the defendants made a very late and unexplained application shortly before trial after years of active litigation; that delay, considered with the risk that a security order would shut out a bona fide claim and prejudice creditors and the plaintiff, outweighed the prejudice to defendants from lack of security despite the prima facie inability of a company in liquidation to pay costs; the Court of Appeal found no error in that exercise of discretion.