11 Nov 2022
PATRICK JAMES JOSEPH O\'MARA v. CHIN SHAU TONG
- Citation
- [2022] HKCFI 3457
- Court
- Court of First Instance
- Case number
- HCA1253/2019
The court held the plaintiff's cause of action accrued on 6 July 2010 (no demand was required by the loan term). Both the Hong Kong Limitation Ordinance and the relevant Swiss limitation rule are procedural in character for Hong Kong conflict purposes, so the Hong Kong six-year limitation (lex fori) applies; the claim issued in 2019 was therefore time-barred and the writ and statement of claim were to be struck out.