13 Apr 2023
RE NERICO BROTHERS LTD
- Citation
- [2023] HKCA 535
- Court
- Court of Appeal
- Case number
- CACV223/2022
The appeal was struck out because the Company had repeatedly and unconditionally admitted the Outstanding Sum was owing and payable in its pleadings and at hearings below and only sought time to repay; it did not raise the defences now advanced before the judge, so raising them on appeal is an abuse of process and the grounds are unarguable such that the Court of Appeal should exercise its inherent jurisdiction to strike out the notice of appeal. The alternatively sought security for costs would have been ordered at HK$450,000 if the appeal had continued.