4 Mar 2014
LI SHIU TO v. CHEUNG PIK NG AND OTHERS
- Citation
- LI SHIU TO v. CHEUNG PIK NG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA416/2003
Section 3(1) of the Civil Liability (Contribution) Ordinance permits a contribution claim against a third party even where the plaintiff's claim against that third party has become time-barred or barred in equity, unless the expiry of a limitation period has extinguished the underlying right under s3(3); laches does not fall within that s3(3) exception. However, continuation of third party proceedings can be struck out as an abuse of process where the death of a key witness causes real prejudice making a fair trial impossible, and on the facts the third party notice was struck out and contrib…