13 Jan 2023
張侃 v. 尚品匯(香港)國際貿易有限公司
- Citation
- [2023] HKCA 65
- Court
- Court of Appeal
- Case number
- CAMP415/2022
Leave to appeal out of time was refused because the short delay was excusable but the proposed grounds lacked reasonable prospect of success: the pleading objection to ministerial receipt was without merit; the judge’s inference that the defendant was used as Chen’s nominee was open on the evidence and not plainly wrong; Chen’s use of company chops did not constitute the requisite representation for apparent authority on these facts; and the finding of irrational/reckless reliance was justified. Accordingly the application for leave was dismissed and costs were awarded to the defendant.