2 Apr 2020
STRAIGHT WAY GROUP LTD v. DAYTON INDUSTRIAL CO LTD AND ANOTHER
- Citation
- [2020] HKCFI 560
- Court
- Court of First Instance
- Case number
- HCA1754/2017
The appeal is dismissed because the plaintiff's amended statement of claim and affidavit material advanced allegations of fraudulent misrepresentation and willful concealment such that the fraud exception to Order 14 is engaged and the Court had no jurisdiction to entertain the summary judgment application; alternatively, even absent the fraud exception, there are substantial triable issues and disputed contemporaneous documents making summary judgment inappropriate. The application to admit Davies 3 failed the Ladd v Marshall criteria and the Amendment Summons is dismissed.