21 Nov 2018
YIFUNG PROPERTIES LTD AND ANOTHER v. JAMES NICHOLAS BARRIE SMITH AND ANOTHER
- Citation
- [2018] HKCA 866
- Court
- Court of Appeal
- Case number
- CACV136/2017
The Court held the misrepresentation/authority claim arose from the same factual matrix as earlier proceedings, should have been advanced in those proceedings, and pursuing it now is an abuse of process under Henderson v Henderson issue estoppel; Smith could be treated as privy to Elliott for estoppel purposes and the strike out decision was therefore upheld.