21 Feb 2013
FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER
- Citation
- FALCON PRIVATE BANK LTD v. BORRY BERNARD EDOUARD CHARLES LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCMP2693/2012
Leave to appeal was refused because the judge's decisions were discretionary, there was no reasonable prospect of success on the intended appeal: the plaintiff had at least an arguable answer to the Swiss law defence, the Swiss law point emerged late and any omission to draw it to the ex parte judge's attention was an innocent oversight for which the exercise of discretion not to set aside the ex parte orders was sustainable, and the pleadings were not plainly and obviously defective to warrant strike‑out.