TSUI HOI PAN v. WONG CHUN LING AND OTHERS

CACV 150/99

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 150 OF 1999

(ON APPEAL FROM HCA NO. 13687 OF 1998)

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J U D G M E N T

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1. This is an application by the 1st-3rd Defendants ("the Defendants") for security for their costs of the Plaintiff's appeal against the dismissal of the Plaintiff's action by Deputy Judge Li. The application is made on the ground that the Plaintiff is impecunious.

2. I have decided to refuse the application. On the Defendants' own evidence, I am not satisfied that the Plaintiff is impecunious. It may be that he has not paid to some of the Defendants the costs awarded against him in respect of a previous action, but it does not necessarily follow from that that he is unable to do so. And the fact that a statutory demand under section 6A of the Bankruptcy Ordinance (Cap. 6) was served on him in respect of those costs and has not been met does not of itself mean that he is impecunious either. The fact that the debt has not been paid merely means that he appears to be unable to pay the debt, not that he is in fact unable to pay it. In addition, I should add that evidence filed on behalf of the Plaintiff today, to which the Defendants have not had an opportunity of replying, suggests strongly that the Plaintiff is not impecunious.

3. Moreover, there is no estimate before me as to the costs which the Defendants reasonably expect to incur in respect of the appeal and which they reasonably expect would be allowed on a taxation on the standard basis. That would have made it difficult for me to make an order for security for costs at all.