15 Sept 2025
OZNER WATER INTERNATIONAL HOLDING LTD (IN LIQUIDATION) AND ANOTHER v. ERNST & YOUNG (A FIRM) AND ANOTHER
- Citation
- [2025] HKCFI 4203
- Court
- Court of First Instance
- Case number
- HCA295/2022
The court found the Plaintiffs materially failed to disclose the Exemption Clauses in the engagement GT&Cs at the ex parte Leave Applications; those clauses were objectively material because they could confer enforceable third‑party benefits to EYHM and potentially destroy any serious issue to be tried as to EYHM; accordingly all Leave Orders were set aside and no re‑grant was ordered given the repeated and non‑inadvertent nature of the non‑disclosure and the need to protect the administration of justice.