Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Security for costs/condition to defend

Legal area

Court

2 Aug 2002

WORLDCOM, INC AND ANOTHER v. CLINTON ADKINS ROWE

Citation

WORLDCOM, INC AND ANOTHER v. CLINTON ADKINS ROWE
Court

Court of Appeal
Case number

CACV161/2002

There were triable issues so leave to defend should be granted but the trial judge erred by imposing HK$2.5M without hearing the defendant's financial representations; the appropriate conditional payment was reduced to HK$400,000 payable within 28 days; no stay of execution was granted because the counterclaim was unlikely to succeed; costs to follow the stipulated nisi order.
8 Jul 1997

SWORDLIGHT ENTRPRISES LIMITED v. CHIU TAO AND ANOTHER

Citation

SWORDLIGHT ENTRPRISES LIMITED v. CHIU TAO AND ANOTHER
Court

Court of Appeal
Case number

CACV80/1997

The Court held the defendants' assertions were believable and not shadowy on the material before the court; consequently the Master’s condition requiring payment of $4.1 million into court was unjustified and was set aside, and the defendants were granted unconditional leave to defend.