JOHN ROBERT LEES v. HUI YAT SING AND ANOTHER

cacv 277/2007

in the high court of the

hong kong special administrative region

court of appeal

civil appeal no. 277 of 2007

(on appeal from HCMP NO. 5714 of 2001)

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BETWEEN

JOHN ROBERT LEES, Receiver
THE SOLE RECEIVER APPOINTED PURSUANT TO THE ORDER OF THE HONOURABLE MR JUSTICE GALL OF 17 NOVEMBER 2003
and
HUI YAT SING 8th Respondent
WONG SUET MUI 9th Respondent

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Before: Hon Rogers VP in Chambers

Date of Hearing: 16 October 2007

Date of Decision: 16 October 2007

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D E C I S I O N

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Hon Rogers VP:

1. This is an application for security for costs. The simple point in this case, as far as I can see, is that if I were to order securityfor costs it would stifle the appeal. The approach which I adopt is that I do not make such an order in relation to litigants inperson if I can see that there is some merit in the appeal.

2. At the moment, as far as I can see, there is some reason that this appeal should go ahead. I say no more than that. I considerthat there is some merit in this appeal, from what I can see on the papers, and therefore I do not consider that this is an appropriatecase to order security for costs.

(Submission re costs)

3. I think the costs should be to the 8th and 9th respondents.

(Anthony Rogers)
Vice-President

Mr Andrew Sheppard, instructed by Messrs Tanner De Witt, for the Receiver/Respondent

Mr Arthur Wong, instructed by Messrs Angus Tse, Yuen & To, for the 8th and 9th Respondents/Appellants