Read the full judgment text of CACV 320/2018 on BabelCite. This Court of Appeal judgment was delivered on 22 March 2019 before Hon Lam VP, Cheung JA and Kwan JA.
Civil procedure – appeal – leave to appeal under Section 14AA of the High Court Ordinance – interlocutory versus final decisions – application approach under B + B Construction Ltd v Sun Alliance & London Insurance and Shell Hong Kong Ltd v Yeung Wai Man Kiu Yip Co Ltd – Bright Shipping Ltd v Changhong Group (HK) Ltd – whether decision setting aside order extending validity of writ is interlocutory – Kwok Cheuk Kin v Leung Chun Ying – Order 59 Rule 21(1)(a) inapplicable – exercise of discretion to grant leave in interest of justice under Section 14AA(4)(b) where leave question raised late – Rules of the High Court – Order 6 rule 8(2) – extension of validity of writ – good reason required – Kleinwort Benson Ltd v Barbak Ltd – National Commercial Bank v Hague – assessment of circumstances at time of extension order with benefit of further evidence – US$355.5 million fraud perpetrated by plaintiff's former management – transfers to Supreme Well Investments Limited – protective writ issued 2 December 2014 – ex parte Extension Order granted 7 December 2015 – Harris J's decision in s.221 Application under Cap 32 on 15 December 2015 finding liquidators had sufficient information – whether further investigations concerning other parties, Paul Weiss documents, former auditors, or ultimate recipients of assets constitute good reason – Pacific Electric Wire & Cable Co Ltd v Hu Hung Chiu – Sealegend Holdings Ltd v China Taiping Insurance – ex parte applications – continuing duty of full and frank disclosure – whether duty extends to ex parte application to extend writ – Commercial Bank of the Near East Plc v A, B, C and D – Network Telecom (Europe) Ltd v Telephone Systems International Inc – duty applies to extension of writ as in other ex parte relief – material non-disclosure of Harris J's decision – Kleinwort Benson categorisation of claims for limitation purposes – Binning Bros Ltd v Verrall Bowles – Waddon v Whitecroft Scovell Ltd – material non-disclosure and misrepresentation regarding limitation defences – six category (4) claims totalling US$203.25 million already time-barred – exercise of discretion to re-grant – Yau Chiu Wah v Gold Chief Investment Ltd – appeal dismissed with costs and certificate for two counsel
Legal issues: Whether leave to appeal is required under Section 14AA of the High Court Ordinance · Whether there were good reasons for extending the validity of the writ · Whether the continuing duty of disclosure applies to an ex parte application to extend a writ · Whether there was material non-disclosure or misrepresentation regarding limitation defences
Outcome: Appeal dismissed with costs to the defendant; certificate for two counsel granted
Cited by 4 cases · Cites 4 cases