Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Fraud/ concealment (s26)
  • 12 Aug 2021

    呂詩詩 對 陸俊鵬及另四人

    Citation
    [2021] HKCFI 2309
    Court
    Court of First Instance
    Case number
    HCPI99/2020

    The judge held the asserted causes of action against the first defendant plainly accrued in 2003–2004 and were therefore time‑barred; s26 did not apply because the plaintiff could and should have discovered the matters earlier and did not demonstrate reasonable inability to discover until 2018; identical claims had been dismissed in the tribunal and proceeding in High Court constituted abuse of process/res judicata; accordingly the statement of claim against the first defendant is struck out, the proceedings against him discontinued, and the appeal dismissed with costs payable to the first de…