23 Oct 2003
BANK OF CHINA (HONG KONG) LTD v. WONG KAM HO AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. WONG KAM HO AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP3324/2002
Leave to appeal out of time was granted because the 4th defendant sufficiently explained the delay, she had not been aware of the proceedings and had not instructed the solicitors who purported to act for her, and she demonstrated a real and bona fide prospect of defence based on presumed undue influence such that the bank may have been put on inquiry and had not shown it took reasonable steps to avoid constructive notice; on balance the prejudice to the plaintiff was insufficient to outweigh these factors and a stay of execution was justified to prevent irreversible damage to the appellant's…