12 Jul 2019
MAYER CORPORATION DEVELOPMENT INTERNATIONAL LTD v. ALLIANCE FINANCIAL INTELLIGENCE LTD AND OTHERS
- Citation
- [2019] HKCA 777
- Court
- Court of Appeal
- Case number
- CACV66/2017
The Court of Appeal allowed the appeal, holding it was not plain and obvious that Mayer’s contention on adoption of fraud was unsustainable and that the strike out judge erred in dismissing Mayer’s claim against the 4th and 5th defendants. The 2016 handwriting expert reports constituted new evidence and met the materiality threshold because they could establish conscious and deliberate dishonesty that was an operative cause of the earlier judgment; therefore the action to set aside the earlier judgments for fraud could not be struck out at this stage. Leave to amend was permitted and the stri…