15 Nov 2019
XIAO LONG v. GREAT WALL SECURITIES LTD (formerly known as COLORS SECURITIES LTD)
- Citation
- [2019] HKCFI 2769
- Court
- Court of First Instance
- Case number
- HCA369/2018
Appeal allowed. Master Order granting final summary judgment with assessed damages was set aside because plaintiff had not conclusively pleaded or established legal title to the specifically‑identified block of shares and numbered certificates and there were real triable issues (ownership crystallisation, identity/signature, possible subsequent dealings) warranting a full trial; the fraud exception was not found to bar summary judgment automatically on the existing evidence but the defendant showed bona fide reasons for trial and unconditional leave to defend was granted; fresh evidence from…