11 Mar 2021
TACHING PETROLEUM CO, LTD v. MEYER ALUMINIUM LTD
- Citation
- [2021] HKCA 294
- Court
- Court of Appeal
- Case number
- CACV621/2020
The appeals were dismissed because the Tribunal lacked jurisdiction to grant the relief sought: the transfers from the High Court were limited to allegations of collusion between Taching and Shell only, Meyer’s proposed amendments materially expanded the pleaded case beyond that scope and were defective and prejudicial at the interlocutory stage after discovery, and applications to adduce expert evidence on damages/quantum belong in the Court of First Instance where issues of set-off and illegality must be determined; accordingly the Tribunal’s refusal to grant leave was correct.