18 Aug 2023
LO KAI SHUI v. HSBC INTERNATIONAL TRUSTEE LTD AND OTHERS
- Citation
- [2023] HKCA 983
- Court
- Court of Appeal
- Case number
- CACV181/2022
The Court of Appeal held there was no sufficient privity of interest between Lu and Madam Lo to trigger issue or cause of action estoppel; the circumstances did not amount to Henderson v Henderson abuse or a collateral attack preventing Lu from litigating his overlapping claims; the lower judge’s heavy incorporation of counsel submissions required the appellate court to determine the issues afresh; accordingly the striking out orders were set aside and most proposed amendments allowed except for an overbroad proxies clause.