LUEN CHEONG & CO AND ANOTHER v. MAK YEUK CHI AND OTHERS

LUEN CHEONG & CO AND ANOTHER v. MAK YEUK CHI AND OTHERS

Leave to amend given by consent without limitation permitted the Defendants to withdraw prior admissions and to introduce defences before trial; defects consisting of negatives pregnant and lack of particulars are generally remedied by ordering particulars rather than striking out; however specific parts of the...

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Citation
LUEN CHEONG & CO AND ANOTHER v. MAK YEUK CHI AND OTHERS
Parties
1st Plaintiff: LUEN CHEONG & COMPANY; 2nd Plaintiff: MAK YING CHOR (or spelt as CHO) alias MAK KIT; 1st Defendant: MAK YEUK CHI; 2nd Defendant: PAK CHUEN CHUN; 3rd Defendant: PAK SIU NGAN; 4th Defendant: WONG YOK SHIU
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 July 1975
Case Number
HCA1204/1974
Procedural Posture
Civil Action (trust/partnership/property) / Interlocutory — Application to Strike Out Amended Defence and Counterclaim Before Trial
Outcome
Application partly allowed: specific paragraphs struck out; remainder of Amended Pleadings retained subject to particulars and amendment
Legal Topics
Amendment of Pleadings, Withdrawal of Admissions, Negatives Pregnant and Particulars, Counterclaim Consistency, Strike Out and Abuse of Process
Source Language
en
Trust Law Civil Procedure Partnership Law Property Law Pleading and Practice Amendment of Pleadings Withdrawal of Admissions Negatives Pregnant and Particulars +2 more

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Parties

LUEN CHEONG & COMPANY

1st Plaintiff

MAK YING CHOR (or spelt as CHO) alias MAK KIT

2nd Plaintiff

MAK YEUK CHI

1st Defendant

PAK CHUEN CHUN

2nd Defendant

PAK SIU NGAN

3rd Defendant

WONG YOK SHIU

4th Defendant

Procedural Posture

Civil Action (trust/partnership/property) / Interlocutory — Application to Strike Out Amended Defence and Counterclaim Before Trial

Legal Issues

  1. 1 Whether amendments withdrawing previous admissions were effective where leave to amend was given by consent without limitation
  2. 2 Whether the Amended Defence and Counterclaim disclosed new defences without necessary particulars and were impermissibly evasive (negatives pregnant)
  3. 3 Whether parts of the Counterclaim were inconsistent with the Defence and should be struck out

Ratio Decidendi

Leave to amend given by consent without limitation permitted the Defendants to withdraw prior admissions and to introduce defences before trial; defects consisting of negatives pregnant and lack of particulars are generally remedied by ordering particulars rather than striking out; however specific parts of the Amended Pleadings that are inconsistent or abusive may be struck out. Accordingly paragraph 6 of the Defence and paragraphs 19 and 20 of the Counterclaim were struck out with liberty to amend and directions for particulars and timetable.

Court Disposition

Application partly allowed: specific paragraphs struck out; remainder of Amended Pleadings retained subject to particulars and amendment

Orders

  • Strike out paragraph 6 of the Amended Defence
  • Strike out paragraphs 19 and 20 of the Counterclaim