23 Jun 2006
MAGIC SCORE LTD v.THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
- Citation
- MAGIC SCORE LTD v.THE HONGKONG AND SHANGHAI BANKING CORPORATION LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA11077/1994
The court struck out the parts of the Plaintiff's Re-Amended Statement of Relief and Damages and Reply that alleged fraud, dishonesty and exemplary damages and refused leave to amend to add those causes because such serious allegations were not pleaded in the Statement of Claim, would unfairly prejudice the Defendants (including reliance on liability findings amounting to an impermissible head start), and constituted an abuse of process; separately, claims for rescission or pecuniary rescission against the Bank in respect of a sale to an innocent purchaser were held unarguable in principle (m…