11 Mar 2021
SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD
- Citation
- [2021] HKCA 294
- Court
- Court of Appeal
- Case number
- CACV478/2020
The Tribunal lacked jurisdiction to entertain Meyer's applications because the transfer from the High Court was limited to specific allegations of collusion pleaded in the High Court (two-party collusion between Taching and Shell); the proposed amendments sought to advance a materially different and defective case beyond the scope of the transfer and at a stage after discovery and witness statements where prejudice and lack of particulars warranted refusal; applications to adduce expert evidence on damages and quantum belong in the High Court where issues of equitable set-off and statutory im…