1 Nov 2012
HOTUNG INVESTMENT (CHINA) LTD v. ERNST & YOUNG (sued as a firm) AND OTHERS
- Citation
- HOTUNG INVESTMENT (CHINA) LTD v. ERNST & YOUNG (sued as a firm) AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV271/2011
Section 26 is directed at the plaintiff's knowledge (not the plaintiff's ability to sue); if the pleaded concealment was of beneficiaries then the knowledge of those beneficiaries must be attributable to the plaintiff to engage s26. On the undisputed documentary evidence Gabrielle and Sheridan knew or could with reasonable diligence have discovered the fraud more than six years before the writ; accordingly the claim in dishonest assistance was time-barred and must be struck out.