10 Jun 2015
YIM TIN FOOK AND ANOTHER v. YU CHOR LAI AND OTHERS
- Citation
- YIM TIN FOOK AND ANOTHER v. YU CHOR LAI AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2613/2006
The court held the proposed amended pleading (purple version) disclosed an arguable cause of action in breach of trust against D8 notwithstanding non-registration of the lease; the claim is not necessarily statute-barred because Limitation Ordinance provisions and discovery/fraud rules may postpone accrual; striking out was inappropriate where amendment could cure the claim, therefore the appeal was allowed and leave to amend granted.