TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LTD AND OTHERS

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LTD AND OTHERS

Despite inordinate delay, leave to amend was granted because the proposed amendments did not fundamentally alter the issues for trial given prior witness evidence that meetings were paper meetings, prejudice was manageable, and justice required the true case be pleaded; amendments were permitted on strict timetable and cost terms to mitigate prejudice.

Citation
TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LTD AND OTHERS
Parties
1st Plaintiff (hca 51); 4th Defendant (hca 1040, HCA 1041): Ng Kwok Piu Philip; 2nd Plaintiff (hca 51); 2nd Defendant (hca 1040, HCA 1041): Confederated Assets Group Limited; 3rd Plaintiff (hca 51); 3rd Defendant (hca 1040, HCA 1041): Well Arts Enterprises Limited; 1st Defendant (hca 51); 1st Plaintiff (hca 1040, HCA 1041): To Pui Kui; 2nd Defendant (hca 51); 3rd Plaintiff (hca 1040); 4th Plaintiff (hca 1041): Ng Kwok Tai Andrew; 3rd Defendant (hca 51); 6th Defendant (hca 1040, HCA 1041): Ng Yiu Chi Eleanor; 4th Defendant (hca 51): Ng Sheung Ming Association Limited; 1st Defendant (hca 1040): Hultucktong Commercial & Industrial Company Limited; 1st Defendant (hca 1041): Hultucktong Company Limited; 5th Defendant (hca 1040, HCA 1041): Ng Oi Che Stephanie; 3rd Plaintiff (hca 1041): Ng Kay Chee Angela
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 2014
Case Number
HCA1040/2009
Procedural Posture
Consolidated Civil Actions Concerning Company Share Restructuring and Alleged Forged Documents / Pre Trial Decision on Interlocutory Application to Amend Pleadings (heard in Chambers)
Outcome
Leave to amend granted on strict terms and timetable
Legal Topics
Amendment of Pleadings, Authenticity of Documents, Delay and Prejudice, Statements of Truth, Burden of Proof, Interlocutory Relief
Source Language
EN
Civil Procedure Company Law Evidence Trial Management Amendment of Pleadings Authenticity of Documents Delay and Prejudice Statements of Truth +2 more

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Parties

Ng Kwok Piu Philip

1st Plaintiff (hca 51); 4th Defendant (hca 1040, HCA 1041)

Confederated Assets Group Limited

2nd Plaintiff (hca 51); 2nd Defendant (hca 1040, HCA 1041)

Well Arts Enterprises Limited

3rd Plaintiff (hca 51); 3rd Defendant (hca 1040, HCA 1041)

To Pui Kui

1st Defendant (hca 51); 1st Plaintiff (hca 1040, HCA 1041)

Ng Kwok Tai Andrew

2nd Defendant (hca 51); 3rd Plaintiff (hca 1040); 4th Plaintiff (hca 1041)

Ng Yiu Chi Eleanor

3rd Defendant (hca 51); 6th Defendant (hca 1040, HCA 1041)

Ng Sheung Ming Association Limited

4th Defendant (hca 51)

Hultucktong Commercial & Industrial Company Limited

1st Defendant (hca 1040)

Hultucktong Company Limited

1st Defendant (hca 1041)

Ng Oi Che Stephanie

5th Defendant (hca 1040, HCA 1041)

Ng Kay Chee Angela

3rd Plaintiff (hca 1041)

Procedural Posture

Consolidated Civil Actions Concerning Company Share Restructuring and Alleged Forged Documents / Pre Trial Decision on Interlocutory Application to Amend Pleadings (heard in Chambers)

Legal Issues

  1. 1 Whether leave should be granted to amend pleadings very late and close to trial despite inordinate delay
  2. 2 Whether change from pleaded physical meetings to a case of circulated signed documents constitutes a fundamental change causing prejudice
  3. 3 Whether statements of truth prevent amendments inconsistent with prior pleadings

Ratio Decidendi

Despite inordinate delay, leave to amend was granted because the proposed amendments did not fundamentally alter the issues for trial given prior witness evidence that meetings were paper meetings, prejudice was manageable, and justice required the true case be pleaded; amendments were permitted on strict timetable and cost terms to mitigate prejudice.

Court Disposition

Leave to amend granted on strict terms and timetable

Orders

  • Philip's Group to file and serve further and better particulars of paragraph 20B of the Re-amended Reply and Re-amended Defence to Counterclaim in HCA 51 by 4pm on 5 January 2015 specifying the exact Restructuring Documents, by whom and to whom they were circulated, when and how each was circulated, when signatures...
  • Defendants in HCA 51 to file and serve consequential amendments to their pleadings by 4pm on 19 January 2015