24 May 2012
BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS
- Citation
- BANK OF CHINA (HONG KONG) LTD v. TWIN PROFIT LTD AND OTHERS
- Court
- Court of Final Appeal
- Case number
- FAMV4/2012
The application for leave was dismissed because the Court of Appeal's summary judgment was not a 'final' order for leave as of right under the applications test, and on the merits the alleged oral agreement did not give rise to an arguable defence of set‑off or counterclaim since the agreement, made by BOC‑Beijing in Beijing, was not a liability of the Hong Kong branches that passed to the plaintiff under the Merger Ordinance; accordingly leave (discretionary or as of right) was refused and costs awarded to the respondent.