Cheng Jui Lung Kris And Another v Perfect Best Ltd.

Court:Court of Appeal (Hong Kong)
Judgement Number:CACV79/1999
Judgment Date:07 May 1999
CACV000079/1999 Cheng Jui Lung Kris and Another v. Perfect Best Ltd.

CACV000079/1999

CACV 79/1999

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF APPEAL

CIVIL APPEAL NO. 79 OF 1999

(ON APPEAL FROM HCA 1347 OF 1998)

BETWEEN
Cheng Jui Lung Kris and Lau Ching Man Plaintiffs
AND
Perfect Best Limited Defendant

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Coram : Hon. Rogers, J.A. in Chambers

Date of hearing : 7 May 1999

Date of decision : 7 May 1999

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D E C I S I O N

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Rogers, J.A. :

1. This is a case where I have to say, somewhat reluctantly, I have come to the conclusion that I ought to order security for costs.

2. It was an Order 14 application in a conveyancing matter and it came before the learned Recorder. After a careful judgment, the learned Recorder gave judgment in favour of the Plaintiff notwithstanding severe strictures on the conduct of the Plaintiffs and a clear appreciation by the Recorder that the Plaintiffs were seeking to make use of a legal technicality to get themselves out of a contract which they had solemnly entered and which they now found was not to their benefit.

3. In those circumstances, I have no doubt that the learned Recorder gave very careful consideration to all the arguments that were put in front of him on behalf of the Defendant and it is clear, to my mind, that if he could have found in the Defendant's favour, he would have done.

4. On the appeal, Mr. Li is manfully arguing a new point and I make no comment on that point save to say that, it seems to me, it still remains a difficult case. Although I do say this, this is an Order 14 application and if a Defendant can show an arguable case, then it will get leave to defend. It may be on conditions but this may not be a case for conditions in any event. The onus on a Defendant in an Order 14 proceedings is not high and therefore at this stage, I would simply content myself with saying that the Defendant's case is difficult but until the argument has been heard, I would not rule it out of Court nor hold it unarguable.

5. Last week, the Plaintiffs filed evidence that the Defendant is merely a two-dollar company and since nothing else is known about it, they surmise that it may not be good for the costs. They have not done any search in respect of the Defendant but in the circumstances of this...

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