11 Jan 2008
KEEN LLOYD ENERGY LTD v. BANK OF CHINA (HONG KONG) LTD
- Citation
- KEEN LLOYD ENERGY LTD v. BANK OF CHINA (HONG KONG) LTD
- Court
- Court of First Instance
- Case number
- HCA1299/2004
The Deputy Judge's determinations that the 1998 misrepresentation and contract claims were time‑barred and that the pleaded representations were mere promises (not disclosing reasonable causes of action) were necessary and fundamental to his Decision and thus give rise to issue estoppel; the pleaded causes of action in the New 2004 SOC and the 2006 SOC are in substance the same and are therefore precluded by that estoppel and, in any event, the 2006 claims are time‑barred and fail the plain and obvious test, entitling the court to strike out and dismiss both actions.