SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN KAR FAI AND OTHERS

SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN KAR FAI AND OTHERS

The Court allowed only the late amendment to plead illegality of the Ting Agreements (false declarations re beneficial ownership/self-use) because it raised a serious issue that required investigation, was not inconsistent with previously pleaded facts, and would not cause undue delay or prejudice; all other...

Source-derived case information.

Citation
SINO FAVOUR DEVELOPMENT LTD AND ANOTHER v. KAN KAR FAI AND OTHERS
Parties
1st Plaintiff: Sino Favour Development Limited; 2nd Plaintiff: Shiny Develop Limited; 1st Defendant: Kan Wai Chung; 1st Defendant: Kan Kar Fai; 1st Defendant: Kan Wai Ming; 1st Defendant: Lau Fook Keung; 1st Defendant: Kan For Ping Steven; 2nd Defendant: Barbican Capital Investment Limited; 3rd Defendant: Tsang Wing Kei (Wilkie)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 June 2010
Case Number
HCA1518/2005
Procedural Posture
Civil Consolidated Actions Concerning Contract, Property and Equitable Claims (high Court, Court of First Instance) / Chambers Decision on Interlocutory Application to Amend Defence and Counterclaim; Case Set Down for Trial
Outcome
Amendment partially allowed (only illegality pleaded); other amendments refused
Legal Topics
Amendment of Pleadings, Illegality of Contract, Implied Terms, Challenge to Title/sale, Small House Policy, Perjury, Costs, Case Management
Source Language
en
Contract Property Equity Civil Procedure Trusts Amendment of Pleadings Illegality of Contract Implied Terms +5 more

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Parties

Sino Favour Development Limited

1st Plaintiff

Shiny Develop Limited

2nd Plaintiff

Kan Wai Chung

1st Defendant

Kan Kar Fai

1st Defendant

Kan Wai Ming

1st Defendant

Lau Fook Keung

1st Defendant

Kan For Ping Steven

1st Defendant

Barbican Capital Investment Limited

2nd Defendant

Tsang Wing Kei (Wilkie)

3rd Defendant

Procedural Posture

Civil Consolidated Actions Concerning Contract, Property and Equitable Claims (high Court, Court of First Instance) / Chambers Decision on Interlocutory Application to Amend Defence and Counterclaim; Case Set Down for Trial

Legal Issues

  1. 1 Whether late amendment to plead illegality should be permitted
  2. 2 Whether plea of illegality is inconsistent with earlier conduct and orders (Order for Sale)
  3. 3 Whether proposed amendments attacking title to sell and alleged forgeries should be permitted

Ratio Decidendi

The Court allowed only the late amendment to plead illegality of the Ting Agreements (false declarations re beneficial ownership/self-use) because it raised a serious issue that required investigation, was not inconsistent with previously pleaded facts, and would not cause undue delay or prejudice; all other proposed amendments (attack on title/sales, implied 3-year completion term, condition precedent to sale, forgery challenge) were refused for being inconsistent with completed Order for Sale, vague, imprecise, unnecessary or prejudicial.

Court Disposition

Amendment partially allowed (only illegality pleaded); other amendments refused

Orders

  • Amendment limited to paragraphs alleging illegality (paras.6, 6A to 6A.5) allowed
  • 1st Defendants to file the allowed amendment within 7 days