8 Jun 2023
CHINA METAL RECYCLING (HOLDINGS) LTD (IN LIQUIDATION) AND ANOTHER v. UBS AG AND ANOTHER
- Citation
- [2023] HKCA 738
- Court
- Court of Appeal
- Case number
- CACV384/2022
Leave to appeal was refused because the Court of Appeal concluded (a) the defect of issuing the s.275 claim by writ rather than summons under rule 58 was a formal defect or irregularity curable under rule 209 and did not render the proceedings a nullity; (b) the argument that rule 209 could deprive UBS of an accrued substantive limitation right did not arise on the facts and was misconceived; and (c) the questions did not raise matters of sufficient general or public importance to justify leave to the Court of Final Appeal.