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CACV 291/2008
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 291 OF 2008
(ON APPEAL FROM HCB NO. 9915 OF 2007)
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Re: KWAN HIN KEE
Ex parte: BANK OF CHINA (HONG KONG) LIMITED
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Before: Hon Tang VP in Chambers
Date of Hearing: 4 February 2009
Date of Decision: 4 February 2009
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D E C I S I O N
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1. This is the creditor’s application for security for the costs of the appeal. The debtor is an adjudged bankrupt, and the amount which is sought is $217,500. I am satisfied on the material before me that this is a case where security should be ordered. It is quite clear that the debtor is impecunious, and I can see no reason why security should not be ordered. I am not impressed with the merit of his proposed appeal. In fact, from what I can gather from the papers which has been put before me, the chances of his success can best be regarded as slim. So this is a case where I would order security. But as for the amount of security to be ordered, according to the breakdown that has been supplied to me, the estimated costs in respect of the appeal proper is about $135,000, whereas the costs relating to this application amounts to $86,000. In the circumstances, I regard the amount of fees in relation to this application to be disproportionate to the amount of fees which is likely to be incurred for the appeal. So I would order security in the sum of $177,500. I would make an order in terms of the summons.
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(Robert Tang) |
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Vice-President |
Ms Elizabeth Cheung, instructed by Messrs Tsang, Chan & Wong, for the Creditor
The Debtor, absent
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