29 Aug 2008
THE NEW CHINA HONG KONG GROUP LTD (IN CREDITORS\'\' VOLUNTARY LIQUIDATION) AND OTHERS v. ERNST & YOUNG (A Firm) AND ANOTHER
- Citation
- THE NEW CHINA HONG KONG GROUP LTD (IN CREDITORS\'\' VOLUNTARY LIQUIDATION) AND OTHERS v. ERNST & YOUNG (A Firm) AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCCL2/2005
On the pleaded case and evidence, essential facts underpinning plaintiffs' negligence, contract and equitable claims were actually known or imputably known to the companies, their Executive and Credit Committees and/or liquidators well before the six‑year limitation cut‑off; section 31 and section 26 were not engaged; equitable claims corresponded to common law claims and were time‑barred by analogy; accordingly nearly all claims were struck out as statute‑barred except the Audit Fees claim against E&Y and the Payment‑Outs claim against Wu which were not plainly and obviously out of time.