24 Jan 2025
KOT SEE FOR v. KUNG HO YIN AND OTHERS
- Citation
- [2025] HKCFI 483
- Court
- Court of First Instance
- Case number
- HCA2208/2019
Applying a broad merits‑based approach the court held D17 failed to discharge the burden of showing abuse of process: the two proceedings involve different causes, defendants and legitimate reasons existed to bring separate tracing proceedings after full Norwich disclosures; further the pleaded fraud was not incontrovertibly false on the documentary record (previous court rulings rejected that contention) and contradictions in WhatsApp messages raise matters for trial. Accordingly the striking out summons must be dismissed.