27 Feb 2015
TOPPING CHANCE DEVELOPMENT LTD v. CCIF CPA LTD
- Citation
- TOPPING CHANCE DEVELOPMENT LTD v. CCIF CPA LTD
- Court
- Court of First Instance
- Case number
- HCA1609/2012
On the pleaded facts and available material the amended statement of claim was not plainly and obviously unsustainable: factual issues (including causation, limitation, reflective loss, assignability and Mainland law on subsidiary remedies) required trial or further factual enquiry; consequently the defendant’s strike‑out applications under O.18 r.19 and O.20 r.4 failed. The preservation injunction should continue because there was legitimate concern about destruction of audit documents, the balance of convenience favoured preservation and damages were an inadequate substitute for the documen…