15 Nov 2024
BGA HOLDINGS LTD (IN LIQUIDATION) (formerly known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD AND OTHERS v. CHU KONG AND OTHERS
- Citation
- [2024] HKCFI 2711
- Court
- Court of First Instance
- Case number
- HCA631/2022
The court dismissed the joinder application. Plaintiffs failed to establish that s26 of the Limitation Ordinance postponed accrual of the limitation period because the relevant knowledge was publicly available or ascertainable by June 2017 (BVI judgment and related materials) and a shareholder could have pursued derivative or direct redress; therefore the intended 12th defendant has a reasonably arguable limitation defence. Section 35 LO's relation-back rule is mandatory and, absent a demonstration that the defendant has no reasonably arguable limitation defence (or agreement/determination to…