12 Apr 2019
HANNELORE DE LASALA-DEBRING v. ERNEST FERDINAND PEREZ DE LA SALA
- Citation
- [2019] HKCFI 932
- Court
- Court of First Instance
- Case number
- HCMP1029/2013
The court struck out the plaintiff's claim as an abuse of process and dismissed the proceedings because the plaintiff unreasonably and inordinately delayed (decades) in issuing fresh proceedings after the Privy Council decision, causing serious prejudice and loss of evidence; the tort claim was plainly statute-barred; although there was a reasonable prospect of proving non-disclosure, delay and prejudice made any fair re-hearing impracticable and there was no conceivable basis to reassess ancillary relief now.