Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Stay and dismissal of appeal

  • 2 May 2023

    SANG CHEOL WOO v. YOO SHIN CHOI (naturalized name CHARLES C. SPACKMAN)

    Citation
    [2023] HKCA 601
    Court
    Court of Appeal
    Case number
    CACV226/2022

    The Court found on the materials that the defendant is impecunious and there is a real risk of difficulty or delay in enforcing any costs order; the defendant failed to oppose the application and no sufficient countervailing factors (including merits of the appeal) were shown to rebut the case for security. Accordingly, the Court exercised its discretion to order security for costs of HK$500,000, stay the appeal until payment, and award the plaintiff costs of the application of HK$100,000.

    • Security for costs
    • Mareva (worldwide freezing) injunction
    • Impecuniosity
    • Enforcement difficulty
    • Stay and dismissal of appeal

  • 22 Jun 2007

    LEE SUN KIU alias HO LI SAN KIU v. HO KAY FUK

    Citation
    LEE SUN KIU alias HO LI SAN KIU v. HO KAY FUK
    Court
    Court of Appeal
    Case number
    CACV292/2004

    On the evidence before the court the plaintiff could not give appropriate answers and was unaware of the proceedings; therefore no order could properly be made under Order 80 and the Court of Appeal could not entertain the applicant's complaints about the 28 November 2006 order; the application to proceed was dismissed.

    • Order 80 rules of the high court
    • O.59 r.14(12) appeal time limit
    • Mental health ordinance capacity assessment
    • Representation of incapacitated persons
    • Stay and dismissal of appeal