Read the full judgment text of CAMP 15/2018 on BabelCite. This Court of Appeal judgment was delivered on 16 April 2018 before 林文瀚 (Vice President), 朱芬齡 (Justice of Appeal), 潘兆初 (Justice of Appeal).
Civil procedure – leave to appeal – summary judgment – application for leave to appeal out of time – plaintiff sued defendant psychiatrist for allegedly misstating that her depression had remitted – defendant argued that 'remitted' meant remission not recovery – need for expert evidence – plaintiff's claim also included allegation of deliberate dishonesty – held that summary judgment cannot be granted where claim involves fraud – no realistic prospect of success on appeal – leave to appeal refused – appeal struck out – costs fixed at HK$55,000 – Rules of the High Court Order 14 rule 1(2)(b) and Order 59 rule 2A(8) referred to – Zimmer Sweden AB v KPN Hong Kong Ltd [2016] 1 HKLRD 1016 cited.
Legal issues: Leave to appeal out of time against refusal of summary judgment
Outcome: Application for leave to appeal out of time refused; appeal in CACV 291/2017 struck out.
Cited by 3 cases · Cites 3 cases