2 Feb 2009
RONALD EDWARD TICKNER v. TRANSGLOBAL CONSULTANTS LTD AND ANOTHER
- Citation
- RONALD EDWARD TICKNER v. TRANSGLOBAL CONSULTANTS LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA686/2007
Dismissal of the application was compelled because the 2nd defendant failed to file his own affidavit and relied on hearsay affirmation lacking personal knowledge; the unverified draft defence was unparticularised and unsupported by documents; legal defences advanced (exemption clause, settlement, limitation) were inadequate because exemption clauses do not cover actual fraud, the settlement was repudiated by non‑payment, and Limitation Ordinance s26 postponed limitation in light of undiscovered fraud, so no real prospect of success was shown.