15 Aug 2014
THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER
- Citation
- THE KWANGTUNG PROVINCIAL BANK v. CHUNG SUN KWAN AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV64/2014
The court held that there was inordinate and inexcusable delay by reason of a ten-year failure to advance the third party proceedings, that the delay caused prejudice (loss of documents, fading memories, difficulty in adducing evidence) creating a substantial risk of an unfair trial, and that the defendant could not be insulated from the Official Receiver's conduct after bankruptcy because causes of action vested in the trustee; accordingly the third party claim must be struck out and the third party action dismissed.