20 Nov 2020
DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD AND OTHERS
- Citation
- [2020] HKCA 950
- Court
- Court of Appeal
- Case number
- CACV107/2020
The Court held the proposed amendments pleading the Chern Debt did not constitute a 'new claim' within s35 such that the Limitation Ordinance was engaged; the pleaded matter was properly in substance a defence of equitable set-off and estoppel by convention and therefore the judge below erred in refusing leave to amend; appeals allowed and leave to amend granted.