3 Jun 2025
SUCCESS LEADING INVESTMENT LTD v. SZE KIN YU
- Citation
- [2025] HKDC 799
- Court
- District Court
- Case number
- DCCJ6723/2020
Defendant adduced credible evidence that the plaintiff lacked an operating business and that the alleged assets were of limited marketability or unavailable to satisfy costs; the plaintiff failed to provide timely, cogent evidence to rebut impecuniosity or to justify late adduction of the Tai Po property; applying the two-stage test under s905 Cap 622 and exercising discretion, security for costs in the sum of HK$278,000 was justified and the Master's order was upheld; the New Evidence Summons was dismissed for undue lateness and lack of sufficient probative value.
- Security for costs under s905 companies ordinance
- Impecuniosity and asset availability
- Admission of fresh evidence (ladd v marshall principles)
- Valuation and marketability of property assets
- Exercise of judicial discretion