27 Feb 2009
PECONIC INDUSTRIAL DEVELOPMENT LTD v. LAU KWOK FAI AND OTHERS
- Citation
- PECONIC INDUSTRIAL DEVELOPMENT LTD v. LAU KWOK FAI AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FACV18/2008
The Court held that persons who are non-fiduciary dishonest assisters are not 'trustees' for the purpose of s.20 of the Limitation Ordinance and therefore may invoke limitation defences; further, on the facts the plaintiff (Peconic) could, with reasonable diligence and given its resources, have discovered indications of Lau's participation within the statutory period, so s.26 did not postpone commencement sufficiently to revive the claim; accordingly the appeals are dismissed.