30 Jul 2021
R STAHL INC (a company incorporated in the United States of America) v. AJ DEVELOPMENT LTD
- Citation
- [2021] HKCA 1093
- Court
- Court of Appeal
- Case number
- CACV163/2020
The fraud exception to Order 14 does not apply where the allegation of fraud is directed only at third parties and not at the defendant; here the plaintiff did not allege the defendant was complicit in the fraud, but significant triable issues remained as to whether the defendant had an account or received the funds (including bank authority and document irregularities), so the Court refused summary judgment, set aside the judgment on admissions and gave the defendant unconditional leave to defend.