10 Sept 2024
XU HONGBIAO v. OASIS INVESTMENT GROUP LTD AND OTHERS
- Citation
- [2024] HKCA 854
- Court
- Court of Appeal
- Case number
- CAMP350/2023
The Court of Appeal refused leave to appeal and dismissed the stay application because D2 failed to show a reasonable prospect of success; the judge below had not erred in principle or misapplied the law when holding the Counterclaim was at least reasonably arguable as a common law action to enforce the Awards, rejecting arguments of lack of locus, functus officio, collateral attack/issue estoppel and material non‑disclosure; the evaluative exercise and gateway findings were within the generous ambit of reasonable disagreement and did not warrant appellate interference.