22 Mar 2012
AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. EVERWIN DYNASTY LTD AND OTHERS
- Citation
- AKAI HOLDINGS LTD (IN COMPULSORY LIQUIDATION) v. EVERWIN DYNASTY LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCMP1469/2011
Leave to appeal was refused because there was no reasonably arguable limitation defence open to the defendant: the proposed claims alleged fraudulent misappropriation in breach of trust and the defendant stood in the position of a trustee or constructive trustee, so s20(1)(a) removes limitation; the double recovery point could not be resolved on the material before the court and did not demonstrate a reasonable prospect of success; consequently the appeal had no reasonable prospect and there was no other reason in the interests of justice to grant leave.