29 Nov 2001
GIMEX DEVELOPMENT LTD v. FANG MENG SUNG, JOHN
- Citation
- GIMEX DEVELOPMENT LTD v. FANG MENG SUNG, JOHN
- Court
- Court of First Instance
- Case number
- HCA2436/2001
Section 26(1) and (3) operate to postpone the limitation period where an intentional breach of duty occurred in circumstances in which the breach was unlikely to be discovered, such that the breach amounts to deliberate concealment; on the facts the plaintiff's case that the defendant acted on a full retainer and committed a breach unlikely to be discovered postponed limitation until the 1997 attempted resale, and the defendant failed to establish a credible defence of limited retainer with a real prospect of success, so the application to set aside the default judgment was dismissed.