27 Nov 2023
WONG SHU KEUNG v. KAM LUEN CONSOLIDATOR LTD
- Citation
- [2023] HKCFI 3043
- Court
- Court of First Instance
- Case number
- HCA2384/2018
Summary judgment and strike-out were dismissed because the Statement of Claim did not plead fraud with the requisite particularity (no allegation of conscious and deliberate dishonesty), the defendant had pleaded a plausible denial raising triable issues on misrepresentation and mutual mistake, and, absent clear fraud, the court will not set aside prior judgments on summary procedure; accordingly the matter requires full trial and the plaintiff's summary attempt was inappropriate.