30 Jun 2008
LAM YUK HON v. KOOK TAI WAI
- Citation
- LAM YUK HON v. KOOK TAI WAI
- Court
- Court of First Instance
- Case number
- HCCW1138/1999
Leave to file the respondent's 8th Affirmation out of time was refused and the affirmation expunged because (1) the respondent's explanation for delay was not reasonable and demonstrated deliberate dilatory conduct, and (2) as a matter of law the parties had agreed under the Tomlin Order to be bound by the independent auditor's (PwC) valuation which cannot be re-opened on grounds of alleged errors in correctness absent fraud, collusion or material departure from instructions; accordingly the respondent was ordered to buy the petitioner's 45% shareholding for $6,191,499 with interest and costs.