22 May 2017
YIFUNG PROPERTIES LTD AND ANOTHER v. JAMES NICHOLAS BARRIE SMITH AND ANOTHER
- Citation
- YIFUNG PROPERTIES LTD AND ANOTHER v. JAMES NICHOLAS BARRIE SMITH AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2539/2015
The court refused the late affirmation because exceptional circumstances under O.32 r.11A(4) were not shown and the evidence was immaterial; the Statement of Claim was not struck out for want of any cause of action alone but, having regard to the facts, contemporaneous documents and the prior 1359 action, the claim as pursued against Elliott Advisors was plainly unsustainable, frivolous, vexatious and an abuse of process and was struck out with costs; issue estoppel applied because plaintiffs could and should have raised vicarious liability in the earlier proceedings.