9 Aug 2024
BOLD SHINE INVESTMENT LTD v. ZHENG DELI aka CHEANG LEI and CHEANG TAK LEI
- Citation
- [2024] HKCA 767
- Court
- Court of Appeal
- Case number
- CAMP100/2024
The court reaffirmed that a challenge to a plaintiff company's authority to sue is not a defence and must be raised early and decided before the merits trial; while courts have case management powers to deal with late challenges (including adjournment for a preliminary trial or oral evidence), they may not simply defer decision and treat lack of authority as a matter of defence to be resolved only at the substantive trial. However, leave to appeal was refused because the trial had already commenced and evidence had closed, and appellate intervention at that stage would improperly interfere wi…