5 Jul 2019
The court applied the established principle that defendants must show on the facts that a stay is necessary to prevent real injustice to concurrent criminal proceedings; there is no right to an automatic stay and the court will refuse a stay absent demonstration of a real danger of prejudice to the criminal process.
12 Jun 2018
The Court of Appeal upheld the trial judge's finding that the CP representation was a fraudulent misrepresentation that induced the Plaintiffs to purchase shares; it dismissed the appeal against liability and costs but held the trial judge erred in principle by awarding pre-judgment interest at judgment (Canadian) rates and substituted Hong Kong prime rate plus 1% as the appropriate pre-judgment rate given the money was paid in Hong Kong; the court affirmed the trial judge's imposition of indemnity costs and enhanced interest under Order 22 r24 and ordered costs of the appeal against the Defe…
12 Nov 2004
The applicable letters created obligations contingent on a listing and were only workable if listing occurred; the court implied a term that listing occur within a reasonable time and alternatively held the contracts were frustrated by the failure of the contemplated IPO; accordingly defendant was liable to repay HK$32,000,000 and the defendant's counterclaim under s16 failed because expenses were not incurred in performance of the February agreements.