28 Feb 2024
HUI CHUN PING v. HUI KAU MO
- Citation
- [2024] HKCA 194
- Court
- Court of Appeal
- Case number
- CACV377/2022
The Court of Appeal held that re‑litigation by amendment was not necessarily an abuse of process in the circumstances but the pleaded proprietary claim in respect of the 10% Dry Shares constituted a category 2 constructive trust arising from the impugned transaction and therefore was subject to a six‑year limitation; the claim was time‑barred and leave to amend in respect of the Impugned Pleas was refused on limitation grounds, so the appeal was dismissed.