|
CACV 289/2011
IN THE HIGH COURT OF THE
HONG KONG SPECIAL ADMINISTRATIVE REGION
COURT OF APPEAL
CIVIL APPEAL NO. 289 OF 2011
(ON APPEAL FROM HCA NO. 2207 OF 2007)
________________________
BETWEEN
|
TANG WAI CHO |
Plaintiff |
|
and |
|
|
TANG WAI LEUNG |
Defendant |
________________________
| Before: Hon Cheung JA in Chambers |
| Date of Hearing : 3 October 2013 |
| Date of Decision : 3 October 2013 |
| Date of Reasons for Decision: 28 October 2013 |
________________________
REASONS FOR DECISION
________________________
1. On 3 October 2013 I ordered security for costs of the appeal in the sum of $300,000 to be furnished by the plaintiff. As the prospective costs covered two appeals, I ordered the payment in to be made in two tranches.
2. The application for security was based on the impecuniousity of the plaintiff who was legally aid in the trial below and now legally represented. His counsel Mr Maurice Chan asked for an adjournment of the application for security on the ground that the plaintiff had appealed against the refusal by the Director of Legal Aid to grant him legal aid and the Master who heard the appeal had reserved his decision. In my view this was an irrelevant consideration and I refused to adjourn the application.
3. Apart from requesting time, the plaintiff had not really put forward any substantial grounds in opposition to the application both in terms of his financial condition and the merits of his appeal.
4. I was satisfied that proper grounds had been made out for the application, accordingly I granted the relief.
| |
(PETER CHEUNG) |
|
|
Justice of Appeal |
Mr Maurice J. Chan, instructed by Fung, Wong, Ng & Lam, for the plaintiff
Mr Wilfred Tsui, instructed by Simon C. W. Yung & Co., for the defendant
|