LEE SAI NAM v. LI SHU CHUNG AND ANOTHER

LEE SAI NAM v. LI SHU CHUNG AND ANOTHER

The court granted leave to amend to include the Ken Investment and Ken Profit Pleas because the proposed amendments constitute particulars of material facts necessary to adjudicate liability (not mere evidence of quantum), did not amount to an abuse of process in light of the nature of prior winding up proceedings, and were relevant to the liability issues to be tried; accordingly consequential amendments were permitted with specified filing timelines and costs allocations.

Citation
LEE SAI NAM v. LI SHU CHUNG AND ANOTHER
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Lee Sai Nam; 1st Defendant (original Action); Plaintiff (counterclaim): Li Shu Chung; 2nd Defendant (original Action): Li Joseph See Sun; 2nd Defendant (counterclaim) Withdrawn: Allied Ever Holdings Ltd; 3rd Defendant (counterclaim): Lee Sin Man Seline; 4th Defendant (counterclaim): Yuen Hing Enterprise Macao Commercial Offshore Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 May 2013
Case Number
HCA1711/2009
Procedural Posture
Civil Dispute: Family Companies, Trust and Company Ownership; Counterclaim / Interlocutory Applications Concerning Amendment of Pleadings and Consequential Reliefs; Preparatory to Liability Trial (trial Fixed March 2014)
Outcome
Amendment summons allowed in part; leave granted for Ken and Joseph to re-re-amend defence and counterclaim to include Ken Investment and Ken Profit Pleas; consequential amendments permitted for Father, Seline and Yuen Hing; specific procedural timelines and costs orders made
Legal Topics
Amendment of Pleadings, Abuse of Process / Res Judicata, Discovery and Witness Statements, Split Trial: Liability V Quantum, Declarations of Beneficial Ownership, Accounting and Profit Entitlements
Source Language
EN
Civil Procedure Company Law Trusts and Fiduciary Duties Insolvency and Winding Up Costs Amendment of Pleadings Abuse of Process / Res Judicata Discovery and Witness Statements +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 15 Party arguments 2 Amounts and remedies 9
Sign in to unlock

Parties

Lee Sai Nam

Plaintiff (original Action); 1st Defendant (counterclaim)

Li Shu Chung

1st Defendant (original Action); Plaintiff (counterclaim)

Li Joseph See Sun

2nd Defendant (original Action)

Allied Ever Holdings Ltd

2nd Defendant (counterclaim) Withdrawn

Lee Sin Man Seline

3rd Defendant (counterclaim)

Yuen Hing Enterprise Macao Commercial Offshore Limited

4th Defendant (counterclaim)

Procedural Posture

Civil Dispute: Family Companies, Trust and Company Ownership; Counterclaim / Interlocutory Applications Concerning Amendment of Pleadings and Consequential Reliefs; Preparatory to Liability Trial (trial Fixed March 2014)

Legal Issues

  1. 1 Whether leave should be granted to amend defence and counterclaim to add Ken Investment Plea and Ken Profit Plea
  2. 2 Whether proposed amendments amount to abuse of process / re-litigation of findings in prior winding up judgment
  3. 3 Whether particulars pleaded amount to evidence or material facts and whether they improperly go to quantum contrary to Split Trial Order

Ratio Decidendi

The court granted leave to amend to include the Ken Investment and Ken Profit Pleas because the proposed amendments constitute particulars of material facts necessary to adjudicate liability (not mere evidence of quantum), did not amount to an abuse of process in light of the nature of prior winding up proceedings, and were relevant to the liability issues to be tried; accordingly consequential amendments were permitted with specified filing timelines and costs allocations.

Court Disposition

Amendment summons allowed in part; leave granted for Ken and Joseph to re-re-amend defence and counterclaim to include Ken Investment and Ken Profit Pleas; consequential amendments permitted for Father, Seline and Yuen Hing; specific procedural timelines and costs orders made

Orders

  • Leave granted to Ken and Joseph to further amend the Re-Amended Defence and Re-Amended Counterclaim in the manner marked in purple in Ken's draft pleading subject to the schedule also marked in purple
  • Ken and Joseph to file and serve their Re-Re-Amended Defence and Re-Re-Amended Counterclaim within 14 days and accompany with statements of truth