3 Aug 2012
GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD
- Citation
- GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD
- Court
- Court of Appeal
- Case number
- CACV275/2011
Leave to amend to add the new fraud claim was refused because allowing the amendment would, by operation of s35 relation-back, risk depriving the defendant of a reasonably arguable limitation defence; the plaintiffs failed to show the defendant had no reasonably arguable limitation defence or that the new claim arose from the same facts as existing claims. The 3rd plaintiff's proposed claim was disallowed as it amounted to reflective loss. The appropriate remedy was to set aside the grant of leave to amend and permit the plaintiffs to issue a fresh writ if they choose.