22 Jan 2020
PHILIPP DOODT AND OTHERS v. HUANG SHIHU AND OTHERS
- Citation
- [2020] HKCFI 241
- Court
- Court of First Instance
- Case number
- HCA2482/2017
Although the judge found defendants had no arguable defence warranting an O.14 unconditional leave, plaintiffs failed the first limb of the Guo Jing Jing test: on the material before the court the plaintiffs did not establish to the required high standard that they 'would' obtain judgment for substantial damages for the capitalised future commissions claimed. The expert projection lacked a sufficiently reliable evidential foundation in light of the joint venture's financial difficulties and admitted set-offs; therefore the appeal for an interim payment was dismissed.