CHAN LAI FONG v. CHAN KAM SHUN AND ANOTHER

CHAN LAI FONG v. CHAN KAM SHUN AND ANOTHER

Leave to amend the Defence and Counterclaim was granted because the Plaintiff failed to show specific prejudice that could not be compensated by costs, the amendments did not change the Defendants' case in substance, the application was not shown to be in bad faith or unduly late and any prejudice could be addressed by costs; accordingly the court exercised its discretion in favour of the Defendants.

Citation
CHAN LAI FONG v. CHAN KAM SHUN AND ANOTHER
Parties
Deceased: Mr. Chan Kai
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 February 2007
Case Number
HCAP8/2005
Procedural Posture
Probate Action (challenge to Grant of Probate; Counterclaim for Beneficial Ownership) / Interlocutory Application for Leave to Amend Defence and Counterclaim
Outcome
Summons granted in part: Defendants granted leave to amend Defence and Counterclaim; ancillary relief granted as below; costs ordered nisi against Defendants.
Legal Topics
Amendment of Pleadings, Withdrawal of Admissions, Beneficial Ownership Declaration, Validity of Wills, Costs
Source Language
EN
Probate Property Civil Procedure Amendment of Pleadings Withdrawal of Admissions Beneficial Ownership Declaration Validity of Wills Costs

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Parties

Mr. Chan Kai

Deceased

Procedural Posture

Probate Action (challenge to Grant of Probate; Counterclaim for Beneficial Ownership) / Interlocutory Application for Leave to Amend Defence and Counterclaim

Legal Issues

  1. 1 Whether leave should be granted to amend the Defence and Counterclaim
  2. 2 Whether withdrawal of pleaded admissions should be permitted
  3. 3 Whether the Plaintiff would suffer prejudice that cannot be compensated by costs

Ratio Decidendi

Leave to amend the Defence and Counterclaim was granted because the Plaintiff failed to show specific prejudice that could not be compensated by costs, the amendments did not change the Defendants' case in substance, the application was not shown to be in bad faith or unduly late and any prejudice could be addressed by costs; accordingly the court exercised its discretion in favour of the Defendants.

Court Disposition

Summons granted in part: Defendants granted leave to amend Defence and Counterclaim; ancillary relief granted as below; costs ordered nisi against Defendants.

Orders

  • Defendants have leave to amend their Defence and Counterclaim in red as per the copy annexed to the summons filed on 20 December 2006 and to file the same within 7 days from the date of this decision.
  • Service of the Amended Defence and Counterclaim is dispensed with.