14 Sept 2009
ONWAY ENGINEERING LTD v. SHUN WING CONSTRUCTION & ENGINEERING CO LTD
- Citation
- ONWAY ENGINEERING LTD v. SHUN WING CONSTRUCTION & ENGINEERING CO LTD
- Court
- Court of Final Appeal
- Case number
- FAMV18/2009
Leave to appeal was refused because the admissibility objection under O 41 r 5 had been waived (not raised below and conceded in CA), striking-out applications are interlocutory under the applications test so affidavits on information and belief are permissible, and primary evidence and contemporaneous material (E&Y letter and Mr Lo's conduct) demonstrated the audit confirmations were erroneous and there was no genuine acknowledgement of debt so the action was rightly struck out as time-barred.