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
- CACV242/2011
Leave to amend to add the new fraud causes was wrongly granted because, by operation of s35(1)(b), the new causes would be treated as commenced on the date of the original writ and the court must refuse amendment that would deprive the defendant of an accrued and reasonably arguable limitation defence unless the plaintiff shows no reasonably arguable limitation defence or the new claim arises from the same or substantially the same facts; the 3rd plaintiff’s proposed claim for damages is disallowed as it is impermissible reflective loss. Accordingly the order granting leave to amend was set a…