8 Apr 2011
WING FAI CONSTRUCTION CO LTD (In Liquidation) v. CHENG KIT YIN KELLY AND OTHERS
- Citation
- WING FAI CONSTRUCTION CO LTD (In Liquidation) v. CHENG KIT YIN KELLY AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV249/2010
The Court of Appeal upheld the judge's exercise of discretion to refuse leave to provide security out of time and to dismiss the action as the plaintiff's inordinate and unexplained delay (including a deliberate commercial decision to continue in breach of the 2005 order and to 'warehouse' the action), together with resulting prejudice to defendants, rendered the application untenable; the judge did not misapply the legal test and his decision was within permissible discretion.