NG HIN CHUNG AND ANOTHER v. MOK POON KWONG AND ANOTHER

NG HIN CHUNG AND ANOTHER v. MOK POON KWONG AND ANOTHER

The court exercised its discretion to allow the amendments and supplemental evidence because the outgoing corporate parties were to be withdrawn, the amendments aided a just resolution, P1 offered to pay costs, and trial dates were unlikely within 12 months; the court imposed detailed timetabling directions and ordered costs against the plaintiffs for the amendments to deter disregard of listing questionnaires.

Citation
[2021] HKCFI 1470
Parties
1st Plaintiff: Ng Hin Chung; 2nd Plaintiff: Centre Chase Investment Limited; 1st Defendant: Mok Poon Kwong; 2nd Defendant: Star Group Trading Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 April 2021
Case Number
HCA60/2018
Procedural Posture
Defamation / Pre Trial Interlocutory Application for Leave to Amend Pleadings and to File Supplemental Witness Statement; Leave to Set Down for Trial
Outcome
Application granted in part with detailed directions and costs orders
Legal Topics
Amendment of Pleadings, Withdrawal of Parties, Timetabling and Listing Questionnaires, Interlocutory Applications, Costs for Late Amendments
Source Language
EN
Defamation Civil Procedure Costs Case Management Amendment of Pleadings Withdrawal of Parties Timetabling and Listing Questionnaires Interlocutory Applications +1 more

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Parties

Ng Hin Chung

1st Plaintiff

Centre Chase Investment Limited

2nd Plaintiff

Mok Poon Kwong

1st Defendant

Star Group Trading Limited

2nd Defendant

Procedural Posture

Defamation / Pre Trial Interlocutory Application for Leave to Amend Pleadings and to File Supplemental Witness Statement; Leave to Set Down for Trial

Legal Issues

  1. 1 Whether to allow amendment to remove corporate parties and to amend statement of claim
  2. 2 Whether leave should be given to file supplemental witness statements arising from amendments
  3. 3 Prejudice caused by late amendments after listing questionnaires and appropriate case management directions

Ratio Decidendi

The court exercised its discretion to allow the amendments and supplemental evidence because the outgoing corporate parties were to be withdrawn, the amendments aided a just resolution, P1 offered to pay costs, and trial dates were unlikely within 12 months; the court imposed detailed timetabling directions and ordered costs against the plaintiffs for the amendments to deter disregard of listing questionnaires.

Court Disposition

Application granted in part with detailed directions and costs orders

Orders

  • Leave to the 2nd plaintiff to withdraw as plaintiff
  • Leave to the plaintiffs to withdraw their claim against D2