18 Dec 2007
PECONIC INDUSTRIAL DEVELOPMENT LTD v. LAU KWOK FAI AND OTHERS
- Citation
- PECONIC INDUSTRIAL DEVELOPMENT LTD v. LAU KWOK FAI AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV245/2006
By a majority the Court of Appeal held that a dishonest assister to a first‑type constructive trustee may rely on the limitation defence; the judge below had erred in holding that dishonest assisters are automatically excluded from limitation. On the facts the plaintiffs had not discharged the burden of showing the limitation period was postponed by deliberate concealment such that the cause of action against the solicitor and his firms survived; accordingly the appeals by the defendants in the second action were allowed and the judgment below in that action was set aside, while the appeal by…