16 Apr 2020
DELCO PARTICIPATION B.V. v. HWH HOLDINGS LTD
- Citation
- [2020] HKCFI 608
- Court
- Court of First Instance
- Case number
- HCA2943/2015
Leave to appeal was granted because the proposed appeal raised a substantial question whether the judge erred in holding the proposed amendments concerning the Chern Debt constituted a claim of set-off engaging s35 of the Limitation Ordinance and whether Delco had a reasonably arguable limitation defence; it was proper and prudent to require leave given those central contested factual and legal findings and the potential for approbation and reprobation if appellants relied on the trial judge's findings to avoid leave then challenged them on appeal.