30 May 2006
PECONIC INDUSTRIAL DEVELOPMENT LTD AND ANOTHER v. YU KA HONG PAUL AND ANOTHER
- Citation
- PECONIC INDUSTRIAL DEVELOPMENT LTD AND ANOTHER v. YU KA HONG PAUL AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV285/2005
The Court of Appeal held the judge erred in striking out the claims for dishonest assistance and intentional dishonest breach of fiduciary duty because the pleaded primary facts (receipts naming Elsie Chan, her known relationship with Chio and other suspicious circumstances) were sufficient to permit an inference of dishonesty and provided adequate particulars; further, the limitation defence could not be resolved at strike‑out because there were genuine disputes of fact about discovery and concealment that must be tried. The appeal was allowed and the action remitted to trial.