TO PUI KUI AND OTHERS v. HULTUCKTONG COMPANY LTD AND OTHERS

TO PUI KUI AND OTHERS v. HULTUCKTONG COMPANY LTD AND OTHERS

Leave to amend was granted despite inordinate delay because prior evidence at an earlier trial and supplemental statements had already deployed the 'paper meeting' case, so opponents could not be unfairly surprised; the interests of justice required the amendments subject to strict timetabled conditions and costs on an indemnity basis payable by the applicants.

Citation
TO PUI KUI AND OTHERS v. HULTUCKTONG COMPANY LTD AND OTHERS
Parties
1st Plaintiff (hca 51/2007): NG KWOK PIU PHILIP; 2nd Plaintiff (hca 51/2007): CONFEDERATED ASSETS GROUP LIMITED; 3rd Plaintiff (hca 51/2007): WELL ARTS ENTERPRISES LIMITED; 1st Defendant (hca 51/2007): TO PUI KUI; 2nd Defendant (hca 51/2007): NG KWOK TAI ANDREW; 3rd Defendant (hca 51/2007): NG YIU CHI ELEANOR; 4th Defendant (hca 51/2007): NG SHEUNG MING ASSOCIATION LIMITED; 1st Plaintiff (hca 1040/2009): TO PUI KUI; 3rd Plaintiff (hca 1040/2009): NG KWOK TAI ANDREW; 1st Defendant (hca 1040/2009): HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED; 2nd Defendant (hca 1040/2009): CONFEDERATED ASSETS GROUP LIMITED; 3rd Defendant (hca 1040/2009): WELL ARTS ENTERPRISES LIMITED; 4th Defendant (hca 1040/2009): NG KWOK PIU PHILIP; 5th Defendant (hca 1040/2009): NG OI CHE STEPHANIE; 6th Defendant (hca 1040/2009): NG YIU CHI ELEANOR; 1st Plaintiff (hca 1041/2009): TO PUI KUI; 3rd Plaintiff (hca 1041/2009): NG KAY CHEE ANGELA; 4th Plaintiff (hca 1041/2009): NG KWOK TAI ANDREW; 1st Defendant (hca 1041/2009): HULTUCKTONG COMPANY LIMITED; 2nd Defendant (hca 1041/2009): CONFEDERATED ASSETS GROUP LIMITED; 3rd Defendant (hca 1041/2009): WELL ARTS ENTERPRISES LIMITED; 4th Defendant (hca 1041/2009): NG KWOK PIU PHILIP; 5th Defendant (hca 1041/2009): NG OI CHE STEPHANIE; 6th Defendant (hca 1041/2009): NG YIU CHI ELEANOR
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 2014
Case Number
HCA1041/2009
Procedural Posture
Civil Consolidated Actions (hca 51/2007, HCA 1040/2009, HCA 1041/2009) / Interlocutory Application for Leave to Amend Pleadings at Pre Trial Review; Directions Given Before Trial
Outcome
Application for leave to amend granted on strict terms and timetable
Legal Topics
Amendment of Pleadings, Authenticity of Documents, Trial Directions, Delay and Prejudice
Source Language
EN
Civil Procedure Company Law Evidence Amendment of Pleadings Authenticity of Documents Trial Directions Delay and Prejudice

Case Brief

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Parties

NG KWOK PIU PHILIP

1st Plaintiff (hca 51/2007)

CONFEDERATED ASSETS GROUP LIMITED

2nd Plaintiff (hca 51/2007)

WELL ARTS ENTERPRISES LIMITED

3rd Plaintiff (hca 51/2007)

TO PUI KUI

1st Defendant (hca 51/2007)

NG KWOK TAI ANDREW

2nd Defendant (hca 51/2007)

NG YIU CHI ELEANOR

3rd Defendant (hca 51/2007)

NG SHEUNG MING ASSOCIATION LIMITED

4th Defendant (hca 51/2007)

TO PUI KUI

1st Plaintiff (hca 1040/2009)

NG KWOK TAI ANDREW

3rd Plaintiff (hca 1040/2009)

HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED

1st Defendant (hca 1040/2009)

CONFEDERATED ASSETS GROUP LIMITED

2nd Defendant (hca 1040/2009)

WELL ARTS ENTERPRISES LIMITED

3rd Defendant (hca 1040/2009)

NG KWOK PIU PHILIP

4th Defendant (hca 1040/2009)

NG OI CHE STEPHANIE

5th Defendant (hca 1040/2009)

NG YIU CHI ELEANOR

6th Defendant (hca 1040/2009)

TO PUI KUI

1st Plaintiff (hca 1041/2009)

NG KAY CHEE ANGELA

3rd Plaintiff (hca 1041/2009)

NG KWOK TAI ANDREW

4th Plaintiff (hca 1041/2009)

HULTUCKTONG COMPANY LIMITED

1st Defendant (hca 1041/2009)

CONFEDERATED ASSETS GROUP LIMITED

2nd Defendant (hca 1041/2009)

WELL ARTS ENTERPRISES LIMITED

3rd Defendant (hca 1041/2009)

NG KWOK PIU PHILIP

4th Defendant (hca 1041/2009)

NG OI CHE STEPHANIE

5th Defendant (hca 1041/2009)

NG YIU CHI ELEANOR

6th Defendant (hca 1041/2009)

Procedural Posture

Civil Consolidated Actions (hca 51/2007, HCA 1040/2009, HCA 1041/2009) / Interlocutory Application for Leave to Amend Pleadings at Pre Trial Review; Directions Given Before Trial

Legal Issues

  1. 1 Whether leave to amend pleadings should be granted despite inordinate delay
  2. 2 Whether the proposed amendments change the pleaded case from physical meetings to circulation and signing of documents
  3. 3 Whether the late amendment would cause prejudice, disrupt trial timetable or affect witness memory

Ratio Decidendi

Leave to amend was granted despite inordinate delay because prior evidence at an earlier trial and supplemental statements had already deployed the 'paper meeting' case, so opponents could not be unfairly surprised; the interests of justice required the amendments subject to strict timetabled conditions and costs on an indemnity basis payable by the applicants.

Court Disposition

Application for 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 detailing 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