CIVIL APPEAL NO. 281 OF 2009
BETWEEN
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MENNO LEENDERT VOS
(SUBSTITUTED PURSUANT TO THE ORDER OF A CHEUNG, J. DATED 18 OCTOBER 2006) |
Plaintiff |
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GLOBAL FAIR INDUSTRIAL LIMITED |
1st Defendant |
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YUNGKAPO |
2nd Defendant |
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START WIN LIMITED |
3rd Defendant |
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AU KA FAI |
4th Defendant |
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NEW CHAMPION TRADING LIMITED |
5th Defendant |
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CHEUNG WAI YIN |
6th Defendant |
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LEUNG TSUI YU |
7th Defendant |
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(BY ORIGINAL ACTION) |
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AND BETWEEN
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GLOBAL FAIR INDUSTRIAL LIMITED |
1st Plaintiff |
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YUNGKAPO |
2nd Plaintiff |
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START WIN LIMITED |
3rd Plaintiff |
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NEW CHAMPION TRADING LIMITED |
5th Plaintiff |
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CHEUNG WAI YIN |
6th Plaintiff |
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and |
|
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GOLDMARK AGENTS LIMITED
(IN LIQUIDATION) |
1st Defendant
(original 1st Plaintiff) |
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WORLD CHAMP LIMITED
(IN LIQUIDATION)
(BY COUNTERCLAIM) |
2nd Defendant
(original 2nd Plaintiff) |
________________________
Before : Hon Cheung JA in Chambers
Date of Hearing : 13 July 2010
Date of Decision :13 July 2010
Date of Reasons for Decision : 15 July 2010
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REASONS FOR DECISION
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1. This is the plaintiff’s application against the 1st, 3rd and 6th defendants for security for costs of their appeal.
2. The 6th defendant who also represented the 1st and 3rd defendants said that she recently has obtained a job earning $50,000 per month. She indicated that she will retain counsel for the appeal; their part of the appeal will last one to one and half days and she would be willing to pay security of about $200,000 by the end of November 2010.
3. In my view the plaintiff has established a case for security. Judging by the length of the notice of appeal the estimated length of the appeal is four days. Based on the estimate, I made the following orders :
(1) The 1st, 3rd and 6th defendants are required to pay into court on or before 13 October 2010 the sum of $390,000 as security for the appeal.
(2) Pending payment in the appeal is stayed.
(3) In default of payment in the appeal is dismissed with costs to the plaintiff.
(4) Costs of the application be in the cause of the appeal.
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(PETER CHEUNG) |
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Justice of Appeal |
Mr. Douglas Lam, instructed by Messrs T. C. Foo & Co, for the Plaintiff (by original action)
1st Defendant (by original action), represented by the 6th Defendant, in person, present
3rd Defendant (by original action), represented by the 6th Defendant, in person, present
6th Defendant (by original action), in person, present