LEUNG KWONG KUEN v. CHAN PO WING

LEUNG KWONG KUEN v. CHAN PO WING

Leave to amend was granted subject to a limited revision removing references that deny the dropped statement of claim and deleting unnecessary paragraphs; the counterclaim can proceed under Order 15 r 2(3); costs allocation: costs of and incidental to the amendments to be borne by D2 and D3, costs of the hearing and the summons to revive to be borne by Chan Po-wing with specified summary assessed amounts.

Citation
LEUNG KWONG KUEN v. CHAN PO WING
Parties
Plaintiff by Counterclaim: Chan Po-wing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2016
Case Number
HCA1177/2012
Procedural Posture
Interlocutory Civil Application (amendment of Pleadings and Costs) / In Chambers Ruling/adjourned for Paper Disposal
Outcome
Interlocutory application allowed with permission to amend on terms; costs awarded as specified
Legal Topics
Amendment of Defence and Counterclaim, Revival of Claim, Costs Assessment, Abuse of Process, Leave to Amend
Source Language
EN
Civil Procedure Costs Pleadings Amendment of Defence and Counterclaim Revival of Claim Costs Assessment Abuse of Process Leave to Amend

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Chan Po-wing

Plaintiff by Counterclaim

Procedural Posture

Interlocutory Civil Application (amendment of Pleadings and Costs) / In Chambers Ruling/adjourned for Paper Disposal

Legal Issues

  1. 1 Whether leave should be granted to amend the defence and counterclaim after the plaintiff's claim was withdrawn
  2. 2 Whether a counterclaim can proceed despite withdrawal of the main claim
  3. 3 Whether objections based on nomenclature and drafting justify refusing amendment

Ratio Decidendi

Leave to amend was granted subject to a limited revision removing references that deny the dropped statement of claim and deleting unnecessary paragraphs; the counterclaim can proceed under Order 15 r 2(3); costs allocation: costs of and incidental to the amendments to be borne by D2 and D3, costs of the hearing and the summons to revive to be borne by Chan Po-wing with specified summary assessed amounts.

Court Disposition

Interlocutory application allowed with permission to amend on terms; costs awarded as specified

Orders

  • Leave granted to Chan Po-wing to amend the defence and counterclaim subject to the court's directions to delete references denying the dropped statement of claim and to remove unnecessary paragraphs
  • Chan Po-wing to submit a further revised draft of the re-amendments within three days and the revision to be filed and served by 4 pm on the adjourned day for paper disposal; the court will give final leave on seeing that revision