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The District Court refused leave to appeal against a striking-out order, holding the pleaded claim disclosed no reasonable cause of action and that the cited authorities were distinguishable.
Court of Appeal held s 30A(10)(b) of the Bankruptcy Ordinance is mandatory and applies to departures from Hong Kong without notice, but not to absences under one day.
The Court of Appeal in chambers extended time for the defendant to serve a notice of appeal after the sealed order was not promptly communicated.
The court found the Swiss Credit Bank was defendant's sub‑agent and negligent in failing to advise non‑payment, but the plaintiff's signed application contained an exemption clause broad enough to absolve the defendant from liability for acts or omissions of its correspondent/sub‑agent including negligence; accordingly defendant was not liable and its counterclaim for the outstanding debt succeeded.
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