20 Nov 2020
DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD AND ANOTHER
- Citation
- [2020] HKCA 950
- Court
- Court of Appeal
- Case number
- CACV109/2020
The proposed amendments pleading the Chern Debt did not constitute a 'new claim' under s35 of the Limitation Ordinance because the pleading was properly part of an equitable set-off/estoppel by convention defence rather than a legal cross-claim; therefore s35 was not engaged and leave to amend should have been granted. The judge's refusal was set aside and appeals allowed.