WONG WAI SUM AND ANOTHER v. YEUNG SOU WING AND ANOTHER

WONG WAI SUM AND ANOTHER v. YEUNG SOU WING AND ANOTHER

The court exercised its discretion to allow the majority of the 2nd defendant's proposed amendments because they were relevant to the real issues (causation, duty, exemption clause and discharge of duty), the delay was not inexcusable given long abeyance and the plaintiffs failed to demonstrate uncompensable prejudice, documentary materials (inquest transcripts, investigation reports) could assist and prejudice could be addressed by costs; accordingly leave to amend was granted in part (amended defence as per 4th draft permitted subject to the court's exclusion of the proposed amendment to paragraph 13 as ordered).

Citation
WONG WAI SUM AND ANOTHER v. YEUNG SOU WING AND ANOTHER
Parties
1st Plaintiff: WONG WAI SUM (administrator of the estate of WONG CHUN WING TONY, Deceased); 2nd Plaintiff: WONG WAI SUM (administrator of the estate of LI WAI HING, Deceased); 1st Defendant: YEUNG SOU WING (administrator of the estate of LAI YUET WO, Deceased); 2nd Defendant: BROADWAY-NASSAU INVESTMENTS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 March 2014
Case Number
HCPI388/2000
Procedural Posture
Personal Injuries Action / Application for Leave to Amend Defence and Case Management (pre Trial)
Outcome
Amendment allowed in part
Legal Topics
Negligence, Causation, Amendment of Pleadings, Costs, Contributory Negligence, Deed of Mutual Covenant, Building Management Ordinance, Civil Justice Reform
Source Language
EN
Tort Civil Procedure Property Law Statutory Interpretation Negligence Causation Amendment of Pleadings Costs +4 more

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Parties

WONG WAI SUM (administrator of the estate of WONG CHUN WING TONY, Deceased)

1st Plaintiff

WONG WAI SUM (administrator of the estate of LI WAI HING, Deceased)

2nd Plaintiff

YEUNG SOU WING (administrator of the estate of LAI YUET WO, Deceased)

1st Defendant

BROADWAY-NASSAU INVESTMENTS LIMITED

2nd Defendant

Procedural Posture

Personal Injuries Action / Application for Leave to Amend Defence and Case Management (pre Trial)

Legal Issues

  1. 1 Whether the court should allow the 2nd defendant to amend its defence at this late stage
  2. 2 Whether the proposed amendments raise new issues of causation and whether that causes uncompensable prejudice to plaintiffs
  3. 3 Whether the 2nd defendant can rely on exemption clause in the Deed of Mutual Covenant and duties under the Building Management Ordinance

Ratio Decidendi

The court exercised its discretion to allow the majority of the 2nd defendant's proposed amendments because they were relevant to the real issues (causation, duty, exemption clause and discharge of duty), the delay was not inexcusable given long abeyance and the plaintiffs failed to demonstrate uncompensable prejudice, documentary materials (inquest transcripts, investigation reports) could assist and prejudice could be addressed by costs; accordingly leave to amend was granted in part (amended defence as per 4th draft permitted subject to the court's exclusion of the proposed amendment to paragraph 13 as ordered).

Court Disposition

Amendment allowed in part

Orders

  • Leave granted to the 2nd defendant to file and serve an amended defence as per the 4th draft save and except the proposed amendment to paragraph 13 within 14 days from today
  • Leave to the plaintiffs to file and serve a Reply, if so advised, within 28 days thereafter