3 Aug 2012
GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD
- Citation
- GLOBAL BRIDGE ASSETS LTD AND OTHERS v. SUN HUNG KAI FINANCIAL LTD
- Court
- Court of Appeal
- Case number
- CACV243/2011
Leave to amend to add the new fraud claims was wrongly granted because the relation-back rule in s35(1)(b) could unfairly deprive the defendant of a reasonably arguable limitation defence; where such prejudice exists the court must refuse amendment unless the plaintiff demonstrates the defendant has no reasonably arguable limitation defence or the new cause arises out of the same or substantially the same facts; the 3rd plaintiff's proposed damages claim is impermissible reflective loss and untenable; accordingly the grant of leave was set aside and the action dismissed.