KEEN LLOYD LTD. AND OTHERS v. SAM KEE LIGHTERING AND TRANSPORT CO. LTD. AND OTHERS

KEEN LLOYD LTD. AND OTHERS v. SAM KEE LIGHTERING AND TRANSPORT CO. LTD. AND OTHERS

The court found the proposed amendments (paras 3A, 6A and 9 as clarified) arise out of the same or substantially the same facts as existing causes of action and that in all the circumstances it is just to grant leave to re‑amend; paragraph 9 was rendered acceptable by the added clarificatory sentence expressly denying any intention to sue as assignee, removing risk of introducing a new cause of action; minimal prejudice to defendants and the Commercial Court's procedural approach justify allowing the amendments and giving consequential directions.

Citation
KEEN LLOYD LTD. AND OTHERS v. SAM KEE LIGHTERING AND TRANSPORT CO. LTD. AND OTHERS
Parties
1st Plaintiff: Keen Lloyd Limited; 2nd Plaintiff: Victory Motors Centre Limited; 3rd Plaintiff: Shipland Auto Limited; 4th Plaintiff: Honest Motors Limited; 1st Defendant: Sam Kee Lightering and Transport Company Limited; 2nd Defendant: To Kee Company Stevedore and Transportation; 3rd Defendant: Wah Hing Maritime Limited Step Ahead; 4th Defendant: Fat Kee Stevedores Limited; 5th Defendant: Wharf Properties Limited; 6th Defendant: Harbour City Security Services Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 1998
Case Number
HCCL166/1993
Procedural Posture
Commercial List Civil (conversion/detinue/dispute Over Delivery of Motor Vehicles) / Interlocutory Application for Leave to Amend Pleadings (pre Trial)
Outcome
Summons granted; leave given to re-amend the Writ and Points of Claim as drafted (including the clarificatory addition to paragraph 9); consequential directions made and costs ordered
Legal Topics
Amendment of Pleadings, Limitation Period (s35 Limitation Ordinance), Conversion and Detinue, Assignment of Cause of Action, Costs, Commercial Court Procedure
Source Language
EN
Commercial Law Civil Procedure Tort (conversion/detinue) Property Limitation Law Amendment of Pleadings Limitation Period (s35 Limitation Ordinance) Conversion and Detinue +3 more

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Parties

Keen Lloyd Limited

1st Plaintiff

Victory Motors Centre Limited

2nd Plaintiff

Shipland Auto Limited

3rd Plaintiff

Honest Motors Limited

4th Plaintiff

Sam Kee Lightering and Transport Company Limited

1st Defendant

To Kee Company Stevedore and Transportation

2nd Defendant

Wah Hing Maritime Limited Step Ahead

3rd Defendant

Fat Kee Stevedores Limited

4th Defendant

Wharf Properties Limited

5th Defendant

Harbour City Security Services Limited

6th Defendant

Procedural Posture

Commercial List Civil (conversion/detinue/dispute Over Delivery of Motor Vehicles) / Interlocutory Application for Leave to Amend Pleadings (pre Trial)

Legal Issues

  1. 1 Whether proposed amendments arise out of same or substantially same facts
  2. 2 Whether it is just to grant leave to amend outside the limitation period
  3. 3 Whether paragraph alleging post-loss assignment seeks to introduce a new cause of action as assignee

Ratio Decidendi

The court found the proposed amendments (paras 3A, 6A and 9 as clarified) arise out of the same or substantially the same facts as existing causes of action and that in all the circumstances it is just to grant leave to re‑amend; paragraph 9 was rendered acceptable by the added clarificatory sentence expressly denying any intention to sue as assignee, removing risk of introducing a new cause of action; minimal prejudice to defendants and the Commercial Court's procedural approach justify allowing the amendments and giving consequential directions.

Court Disposition

Summons granted; leave given to re-amend the Writ and Points of Claim as drafted (including the clarificatory addition to paragraph 9); consequential directions made and costs ordered

Orders

  • Service of the Re‑Amended Writ and Re‑Amended Points of Claim dispensed with
  • Leave to the Defendants to consequentially amend their Points of Defence within 21 days of judgment