2 Apr 2019
CHINA MEDICAL TECHNOLOGIES, INC. (In liquidation) v. BANK OF CHINA (HONG KONG) LTD
- Citation
- [2019] HKCA 402
- Court
- Court of Appeal
- Case number
- CACV320/2018
The Extension Order was set aside because objectively there were no good reasons at the time to extend the writ and because the applicant’s affidavits contained material misstatements/non‑disclosure about Harris J’s s221 decision and the limitation position which misled the Master; the continuing duty of disclosure applies to ex parte extension applications; the appeal was dismissed on the merits; although Section 14AA leave was required the Court granted leave in the interest of justice and ordered the Plaintiff to pay the Defendant’s costs on the leave issue.