TSENG-HSIANG WANG AND OTHERS v. YAMAICHI INTERNATIONAL (H.K.) LTD. AND OTHERS

TSENG-HSIANG WANG AND OTHERS v. YAMAICHI INTERNATIONAL (H.K.) LTD. AND OTHERS

The amendments (except allegations of breach of fiduciary duty and breach of statutory duty which were abandoned) were allowed because they arise from the same or substantially the same facts as the original pleadings, the allegedly false document and oral representations were sufficiently particularised to enable the defendants to plead, and overt acts of conspiracy were adequately pleaded; objections of prejudice, delay and lack of prospect of success were without merit.

Citation
TSENG-HSIANG WANG AND OTHERS v. YAMAICHI INTERNATIONAL (H.K.) LTD. AND OTHERS
Parties
1st Plaintiff: Tseng-Hsiang Wang; 2nd Plaintiff: Newpis Hong Kong Limited; 3rd Plaintiff: Madam Chow Mi Chun; 4th Plaintiff: Anthony Wu; 1st Defendant: Yamaichi International (H.N.) Ltd.; 2nd Defendant: Yamaichi Securities Co. Ltd.; 3rd Defendant: Nippon Kangyo Kakumaru (Asia) Ltd.; 4th Defendant: Nippon Kangyo Kakumaru Securities Co. Ltd.; 5th Defendant: The Nikko Securities Co. (Asia) Ltd.; 6th Defendant: The Nikko Securities Co. Ltd.; 7th Defendant: Katakura Industry Co. Ltd.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 July 1986
Case Number
HCA4398/1984
Procedural Posture
Civil: Conspiracy and Misrepresentation / Application to Amend Statement of Claim (order 20 R.5) — Chambers
Outcome
Application to amend statement of claim granted in part; amendments allowed except for allegations relating to breach of fiduciary duty and breach of statutory duty which were abandoned.
Legal Topics
Amendment of Pleadings, Conspiracy, Misrepresentation, Particulars of Fraud, Stay of Proceedings
Source Language
EN
Civil Procedure Tort Commercial/company Law Equity Amendment of Pleadings Conspiracy Misrepresentation Particulars of Fraud +1 more

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Parties

Tseng-Hsiang Wang

1st Plaintiff

Newpis Hong Kong Limited

2nd Plaintiff

Madam Chow Mi Chun

3rd Plaintiff

Anthony Wu

4th Plaintiff

Yamaichi International (H.N.) Ltd.

1st Defendant

Yamaichi Securities Co. Ltd.

2nd Defendant

Nippon Kangyo Kakumaru (Asia) Ltd.

3rd Defendant

Nippon Kangyo Kakumaru Securities Co. Ltd.

4th Defendant

The Nikko Securities Co. (Asia) Ltd.

5th Defendant

The Nikko Securities Co. Ltd.

6th Defendant

Katakura Industry Co. Ltd.

7th Defendant

Procedural Posture

Civil: Conspiracy and Misrepresentation / Application to Amend Statement of Claim (order 20 R.5) — Chambers

Legal Issues

  1. 1 Whether the proposed amendments amount to a new cause of action
  2. 2 Whether the particulars of alleged fraud are sufficiently precise
  3. 3 Whether overt acts of conspiracy have been adequately pleaded

Ratio Decidendi

The amendments (except allegations of breach of fiduciary duty and breach of statutory duty which were abandoned) were allowed because they arise from the same or substantially the same facts as the original pleadings, the allegedly false document and oral representations were sufficiently particularised to enable the defendants to plead, and overt acts of conspiracy were adequately pleaded; objections of prejudice, delay and lack of prospect of success were without merit.

Court Disposition

Application to amend statement of claim granted in part; amendments allowed except for allegations relating to breach of fiduciary duty and breach of statutory duty which were abandoned.

Orders

  • Amendments to the statement of claim permitted as sought except insofar as they relate to breach of fiduciary duty and breach of statutory duty which are not allowed
  • Stay on proceedings against the 7th defendant remains in force and cannot be lifted without leave of the Court of Appeal