23 May 2011
EAA SECURITIES LTD v. SO TAI FAI AND ANOTHER
- Citation
- EAA SECURITIES LTD v. SO TAI FAI AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA2520/2009
The Master was correct to dismiss the estate's strike out application because there was no evidence the estate or its solicitors were misled; EAA was entitled to withdraw the proposed amendment and commence fresh proceedings to recover the identified payments; the estate's delay in raising abuse of process was unjustified and the existence of a potential limitation defence does not convert legitimate new proceedings into an abuse of process; accordingly the appeal is dismissed and costs awarded to EAA on an indemnity basis.
- Abuse of process
- Strike out
- Discontinuance and recommencement
- Limitation (defence)
- Misrepresentation by omission
- Recovery of proceeds of unlawful trading