11 Mar 2021
SHELL HONG KONG LTD v. MEYER ALUMINIUM LTD
- Citation
- [2021] HKCA 294
- Court
- Court of Appeal
- Case number
- CACV622/2020
The Court dismissed the appeals because the Tribunal lacked jurisdiction to entertain Meyer’s applications: the transfer orders limited the Tribunal to allegations of collusion as pleaded in the High Court defences (collusion between Taching and Shell only); Meyer’s proposed amendments sought to advance a substantially different and unparticularised case beyond the scope of the transfer and after discovery, causing prejudice; applications for expert evidence on damages and quantum are matters for the Court of First Instance in the High Court actions and not the Tribunal; accordingly the Deput…