Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Fraud pleadings

Legal area

Court

26 Apr 2019

HERAEUS LTD v. CHAN YUN MUI AND ANOTHER

Citation

[2019] HKCFI 1072
Court

Court of First Instance
Case number

HCA878/2011

The Leave Summons is dismissed because (1) the Appeal Order refusing the Violet Amendments fell within Order 59 r21(2)(i) as it refused to allow introduction of a new claim/defence, so the court had no jurisdiction to grant leave to appeal against that order; and in any event (2) D2 failed the s14AA(4) test as the intended appeal had no reasonable prospect of success—the CEC applied to amount due (including liability), the Violet Amendments introduced new, inconsistent and inherently unarguable fraud allegations lacking particularity and causing material prejudice—therefore leave to appeal mu…
11 Jul 2005

SOPEX INTERNATIONAL SA AND ANOTHER v. ARNOLD DEPARIS AND ANOTHER

Citation

SOPEX INTERNATIONAL SA AND ANOTHER v. ARNOLD DEPARIS AND ANOTHER
Court

Court of First Instance
Case number

HCCL21/2003

Substituted service did not bring the proceedings to Mr Du's attention; on the merits Mr Du demonstrated a reasonable prospect of success because the Deed and surrounding documents allowed an interpretation that the defendants had an option (not an absolute obligation) to purchase the shares, which, if correct, defeats the plaintiffs' claim on the promissory notes; accordingly the default judgment and ancillary orders were set aside and the O.14 summons dismissed, with unconditional leave to defend.