KO NGA CHUN v. COMPANHIA DE DESENVOL VIMENTO WUI SAN LIMITADA AND ANOTHER

KO NGA CHUN v. COMPANHIA DE DESENVOL VIMENTO WUI SAN LIMITADA AND ANOTHER

Leave granted for the plaintiff to amend the Statement of Claim because the proposed amendments merely articulate factual particulars already contained in witness statements, are necessary to inform the opponent of the case to be met at trial and to avoid exclusion of those matters at trial; therefore amendments fall within O.20 r.8(1A). Costs of the application are to the defendants (to be taxed if not agreed) and costs of the hearing awarded to the plaintiff assessed at HK$40,000 payable within 14 days; consequential timetabling orders made for filing, service, counsel's advice and further interlocutory applications.

Citation
KO NGA CHUN v. COMPANHIA DE DESENVOL VIMENTO WUI SAN LIMITADA AND ANOTHER
Parties
Plaintiff (original Action): Ko Nga Chun; 1st Defendant (original Action): Companhia De Desenvolvimento Wui San Limitada; 2nd Defendant (original Action): Suen Wai Man; 1st Plaintiff (counterclaim): Companhia De Desenvolvimento Wui San Limitada; 2nd Plaintiff (counterclaim): Suen Wai Man; 1st Defendant (counterclaim): Ko Nga Chun; 2nd Defendant (counterclaim): Ko Kan
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 January 2016
Case Number
HCA277/2012
Procedural Posture
Civil High Court Action Concerning Alleged Agreement for Sale and Purchase, Fee Claim and Related Counterclaim / Interlocutory Application for Leave to Amend Pleadings and Case Management Directions (pre Trial)
Outcome
Application for leave to amend granted; costs awarded as stated; case management directions given
Legal Topics
Amendment of Pleadings, Particulars, Setting Down for Trial, Costs Assessment, Oral Agreement, Post Dated Cheques, Allegation of Fraudulent Misrepresentation
Source Language
EN
Civil Procedure Contract Property Costs Equity/fraud Amendment of Pleadings Particulars Setting Down for Trial +4 more

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Parties

Ko Nga Chun

Plaintiff (original Action)

Companhia De Desenvolvimento Wui San Limitada

1st Defendant (original Action)

Suen Wai Man

2nd Defendant (original Action)

Companhia De Desenvolvimento Wui San Limitada

1st Plaintiff (counterclaim)

Suen Wai Man

2nd Plaintiff (counterclaim)

Ko Nga Chun

1st Defendant (counterclaim)

Ko Kan

2nd Defendant (counterclaim)

Procedural Posture

Civil High Court Action Concerning Alleged Agreement for Sale and Purchase, Fee Claim and Related Counterclaim / Interlocutory Application for Leave to Amend Pleadings and Case Management Directions (pre Trial)

Legal Issues

  1. 1 Whether leave should be granted to the plaintiff to amend the Statement of Claim to add facts and particulars set out in witness statements
  2. 2 Whether the proposed amendments are necessary to determine the real question in controversy or to correct defects under O.20 r.8(1A) RHC
  3. 3 Whether the amendments improperly introduce new causes of action or evidence by way of pleading contrary to O.18 r.7 RHC

Ratio Decidendi

Leave granted for the plaintiff to amend the Statement of Claim because the proposed amendments merely articulate factual particulars already contained in witness statements, are necessary to inform the opponent of the case to be met at trial and to avoid exclusion of those matters at trial; therefore amendments fall within O.20 r.8(1A). Costs of the application are to the defendants (to be taxed if not agreed) and costs of the hearing awarded to the plaintiff assessed at HK$40,000 payable within 14 days; consequential timetabling orders made for filing, service, counsel's advice and further interlocutory applications.

Court Disposition

Application for leave to amend granted; costs awarded as stated; case management directions given

Orders

  • Leave be granted to the plaintiff to amend the Statement of Claim as per draft, the same be filed and served within 7 days from the date hereof
  • Leave be granted to the defendants to make the consequential amendments to the Defence and Counterclaim within 28 days thereafter