5 Mar 2009
NG CHI SUM AND ANOTHER v. FULL ART INTERNATIONAL LTD AND OTHERS
- Citation
- NG CHI SUM AND ANOTHER v. FULL ART INTERNATIONAL LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA138/2009
The court concluded there was serious and material non-disclosure (notably failure to draw the court's attention to SPA clauses 3.01(aa) and 4.01(a), evidence of substantial advances to TEL by the CAE group, and an email possibly adverse to the claimed settlement agreement) which would have misled the ex parte judge; accordingly the ex parte order was discharged and the applicant penalised by an immediate costs order in favour of the defendants (taxed and paid forthwith with certificate for two counsel).