31 Jan 1986
BERTHIER GODOWN LIMITED v. E. WAH REALTY LIMITED AND ANOTHER
- Citation
- BERTHIER GODOWN LIMITED v. E. WAH REALTY LIMITED AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV9/1986
Leave to raise the new surrender point on appeal was refused because the point was inconsistent with the case previously run by Berthier and could not properly be introduced at the appellate stage; Berthier's subsequent separate proceedings attempting to litigate the same matter while the vesting order and appeal were pending constituted an abuse of process and were estopped; accordingly the vesting order and conditions previously imposed were upheld and the appeals dismissed.