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
- HCA455/2023
The Court found the plaintiffs committed material non-disclosure by failing to disclose to the Masters the Exemption Clauses in the GT&Cs which were objectively material because they could be enforced by EYHM under CRTPO and could constitute a complete or viable defence negating any serious issue to be tried; accordingly all Leave Orders for service out and extensions were set aside and no re-grant was made because the non-disclosure was sufficiently serious and not inadvertent such as to justify relief.