18 Dec 2020
FREEMAN SECURITIES LTD (previously known as Dynasty Securities Limited) v. IP PO KI
- Citation
- [2020] HKCFI 2994
- Court
- Court of First Instance
- Case number
- HCA2368/2018
The fraud exception was not engaged because the plaintiff's claim for monies due on the margin account could be established without alleging fraud; the defendant's alleged oral agreement lacked documentary corroboration, was inherently implausible, and the defendant failed to provide a credible case such that there was a reasonably arguable defence. Accordingly summary judgment was set aside only to the extent of granting conditional leave to defend on payment into court of HK$85,000,000 within 14 days, failing which the plaintiff may sign final judgment for the full claim with interest and c…