LAU FU WING AND OTHERS v. DAO HENG BANK LTD AND ANOTHER

LAU FU WING AND OTHERS v. DAO HENG BANK LTD AND ANOTHER

Leave to re-amend the Statement of Claim was granted because, save for initial categorisation, the proposed amendments either particularised existing causes of action or arose out of the same set of facts so as to satisfy Order 20 r.5(2); the Court was satisfied the Defendants would not suffer substantial prejudice and the new cause advanced by the second plaintiff founded on recent authorities also arose from substantially the same facts and was allowable.

Citation
LAU FU WING AND OTHERS v. DAO HENG BANK LTD AND ANOTHER
Parties
1st Plaintiff: Lau Fu Wing; 2nd Plaintiff: Cheung Siu Ying; 3rd Plaintiff: Chow Hang Bong; 4th Plaintiff: Fuk Shing (Hansom) Engineering Company; 1st Defendant: Dao Heng Bank Limited (formerly known as Hang Lung Bank Limited); 2nd Defendant: Overseas Trust Bank Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 1996
Case Number
HCA6280/1990
Procedural Posture
Civil (amendment of Pleading) / Judgment on Application for Leave to Re Amend Statement of Claim (chambers)
Outcome
Application for leave to re-amend the Statement of Claim allowed in full (including amendments relating to the second plaintiff); costs of and occasioned by the application awarded against the Defendants.
Legal Topics
Amendment of Pleadings, Leave to Amend After Limitation, Guarantee and Suretyship, Mortgage Enforcement, Constructive Trust and Diversion of Funds, Undue Influence, Bank's Duty of Care to Customer, Rectification, Prejudice From Delay
Source Language
EN
Civil Procedure Banking Law Contract Trusts and Equity Property Law (mortgages) Partnership/company Law Limitation Law Amendment of Pleadings +8 more

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Parties

Lau Fu Wing

1st Plaintiff

Cheung Siu Ying

2nd Plaintiff

Chow Hang Bong

3rd Plaintiff

Fuk Shing (Hansom) Engineering Company

4th Plaintiff

Dao Heng Bank Limited (formerly known as Hang Lung Bank Limited)

1st Defendant

Overseas Trust Bank Limited

2nd Defendant

Procedural Posture

Civil (amendment of Pleading) / Judgment on Application for Leave to Re Amend Statement of Claim (chambers)

Legal Issues

  1. 1 Whether proposed re-amendments add new causes of action or merely particularise existing causes of action
  2. 2 Whether proposed amendments arise out of the same set of facts so as to be permitted despite expiry of limitation (Order 20 r.5(2))
  3. 3 Whether the Defendants would suffer substantial prejudice if amendments were allowed

Ratio Decidendi

Leave to re-amend the Statement of Claim was granted because, save for initial categorisation, the proposed amendments either particularised existing causes of action or arose out of the same set of facts so as to satisfy Order 20 r.5(2); the Court was satisfied the Defendants would not suffer substantial prejudice and the new cause advanced by the second plaintiff founded on recent authorities also arose from substantially the same facts and was allowable.

Court Disposition

Application for leave to re-amend the Statement of Claim allowed in full (including amendments relating to the second plaintiff); costs of and occasioned by the application awarded against the Defendants.

Orders

  • Leave granted to the Plaintiffs to re-amend the Statement of Claim as proposed
  • Defendants to pay the costs of and occasioned by this application