Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Knowledge for limitation

Legal area

Court

9 Nov 2005

KENSLAND REALITY LTD (in compulsory liquidation) v. TAI TANG AND CHONG

Citation

KENSLAND REALITY LTD (in compulsory liquidation) v. TAI TANG AND CHONG
Court

Court of First Instance
Case number

HCA74/2004

The court refused to strike out the statement of claim because the application did not present a plain and obvious case: the question when the plaintiff gained the requisite knowledge under s.31 involves factual and evidential inquiry not suitable for summary disposal, and the claim did not amount to an abuse of process as it raised a distinct issue of negligent advice separate from the earlier rescission dispute.
5 Feb 1991

HUNG MAN PING v. WING YICK & CO BUILDING CONTRACTOR (a firm) AND OTHERS

Citation

HUNG MAN PING v. WING YICK & CO BUILDING CONTRACTOR (a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA12824/1983

Judge applied objective s.27 knowledge test taking into account plaintiff's youth, lack of English, confusion over employment and payments and found plaintiff did not acquire requisite knowledge of the 2nd and 3rd defendants' potential liability until the 1st defendant served its defence and third party notices on 22 November 1983; accordingly the claims were within the three year period and not time-barred. Alternatively, had the claims been time‑barred, the court would have exercised its s.30 discretion to disapply the time‑bar because the delay was primarily due to solicitor and Legal Aid…