LAM SIK YING, v. LAM SIK SHI AND OTHERS

LAM SIK YING, v. LAM SIK SHI AND OTHERS

Court conducted itemised analysis of each proposed amendment: amendments that merely altered the basis of calculating loss of SCAT and profits from SC (i.e. clarification/particularisation of existing conversion/passing off claims) were allowed because they did not introduce new causes of action or, alternatively, met the s.35 threshold; amendments that sought proprietary tracing into D1's landed properties, newly pleaded pre‑sale rental losses for Rental Properties, repair/cleaning expenses, outstanding rates in aggregated form, interest and borrowing expenses and other unparticularised special losses were disallowed as new causes of action that did not arise from the same or...

Citation
LAM SIK YING, v. LAM SIK SHI AND OTHERS
Parties
Plaintiff (administrator for the Estate of Lam Tim Alias Stan Lam Tim, Deceased): Lam Sik Ying; 1st Defendant: Lam Sik Shi; 2nd Defendant: Chan Ching Kit Katherine
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 September 2015
Case Number
HCA4713/2001
Procedural Posture
Civil — Estate Administration / Trust and Property Disputes / Interlocutory Judgment (case Management Conference) on Applications to Amend Indorsement of Claim and Statement of Claim
Outcome
Partly allowed and partly dismissed: plaintiff granted limited leave to amend indorsement of claim and statement of claim as specified; many proposed amendments disallowed; plaintiff permitted to withdraw particulars; case remitted for further case management; costs orders made
Legal Topics
Amendment of Pleadings, Limitation of Actions (s.35 Limitation Ordinance), Pleadings and Particulars, Proprietary Tracing and Constructive Trust, Passing Off, Conversion and Account of Profits, Injunctions, Expert Evidence Admissibility, Costs
Source Language
EN
Civil Procedure Probate/estate Administration Trusts and Equitable Remedies Property Law Limitation Law Commercial Torts (passing Off, Conversion) Amendment of Pleadings Limitation of Actions (s.35 Limitation Ordinance) +7 more

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Parties

Lam Sik Ying

Plaintiff (administrator for the Estate of Lam Tim Alias Stan Lam Tim, Deceased)

Lam Sik Shi

1st Defendant

Chan Ching Kit Katherine

2nd Defendant

Procedural Posture

Civil — Estate Administration / Trust and Property Disputes / Interlocutory Judgment (case Management Conference) on Applications to Amend Indorsement of Claim and Statement of Claim

Legal Issues

  1. 1 Whether proposed amendments to the indorsement of claim and statement of claim amount to new causes of action
  2. 2 Whether any new cause of action meets the s.35 Limitation Ordinance threshold (same or substantially same facts)
  3. 3 Whether late amendments should be permitted in the court's discretion given prejudice and delay

Ratio Decidendi

Court conducted itemised analysis of each proposed amendment: amendments that merely altered the basis of calculating loss of SCAT and profits from SC (i.e. clarification/particularisation of existing conversion/passing off claims) were allowed because they did not introduce new causes of action or, alternatively, met the s.35 threshold; amendments that sought proprietary tracing into D1's landed properties, newly pleaded pre‑sale rental losses for Rental Properties, repair/cleaning expenses, outstanding rates in aggregated form, interest and borrowing expenses and other unparticularised special losses were disallowed as new causes of action that did not arise from the same or...

Court Disposition

Partly allowed and partly dismissed: plaintiff granted limited leave to amend indorsement of claim and statement of claim as specified; many proposed amendments disallowed; plaintiff permitted to withdraw particulars; case remitted for further case management; costs orders made

Orders

  • Leave granted for plaintiff to withdraw plaintiff's Particulars
  • Leave granted for plaintiff to amend the writ by amending the indorsement of claim and to amend the Statement of Claim in the parts marked allowed in the attached schedule as specified in the decision