18 Mar 2002
HONG KONG NIIROKU LTD. v. KYOKUTO SECURITIES (ASIA) LTD.
- Citation
- HONG KONG NIIROKU LTD. v. KYOKUTO SECURITIES (ASIA) LTD.
- Court
- Court of First Instance
- Case number
- HCA4122/2000
The application to strike out was dismissed because the defendant's re-re-amended defence and the challenged counterclaim paragraphs raised arguable issues — including whether the managing director's acts and knowledge are attributable to the plaintiff either as agent or as the company's directing mind and will — which cannot be determined as plain and obvious failures on an interlocutory strike out application; those issues require trial and the plaintiff failed to show the defendant is bound to fail.