TIU SUM FAI AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER

TIU SUM FAI AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER

The application to re-amend the Amended Statement of Claim is allowed because the proposed new causes of action (illegality-based restitution and alternative contract claim) arise out of the same or substantially the same facts as the originally pleaded breach claims under Order 20 r.5(5) RHC; lateness and alleged prejudice were not sufficient to refuse relief and any prejudice can be compensated by costs or addressed at trial.

Citation
TIU SUM FAI AND OTHERS v. SHUN SING DEVELOPMENT LTD AND ANOTHER
Parties
1st Plaintiff: TIU SUM FAI; 2nd Plaintiff: NG KIT PING; 3rd Plaintiff: LAW WUN CHEUNG; 1st Defendant: SHUN SING DEVELOPMENT LTD; 2nd Defendant: LEE WAI KWAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 May 2007
Case Number
HCA1746/2005
Procedural Posture
Civil Contract / Interlocutory Application to Re Amend Statement of Claim Before Master
Outcome
Application allowed: leave granted to Plaintiffs to re-amend the Amended Statement of Claim; directions given for filing and service and costs orders made.
Legal Topics
Amendment of Pleadings, Illegality of Agreements, Money Had and Received, Misrepresentation to Government, Discovery, Prejudice and Lateness of Amendment
Source Language
EN
Contract Civil Procedure Property Law Equity and Restitution Illegality Amendment of Pleadings Illegality of Agreements Money Had and Received +3 more

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Parties

TIU SUM FAI

1st Plaintiff

NG KIT PING

2nd Plaintiff

LAW WUN CHEUNG

3rd Plaintiff

SHUN SING DEVELOPMENT LTD

1st Defendant

LEE WAI KWAN

2nd Defendant

Procedural Posture

Civil Contract / Interlocutory Application to Re Amend Statement of Claim Before Master

Legal Issues

  1. 1 Whether leave should be granted to re-amend the statement of claim to add two new causes of action based on illegality
  2. 2 Whether the proposed new causes of action arise out of the same or substantially the same facts as existing pleaded causes under Order 20 rule 5(5) RHC
  3. 3 Whether lateness and prejudice to defendants justify refusal of amendment

Ratio Decidendi

The application to re-amend the Amended Statement of Claim is allowed because the proposed new causes of action (illegality-based restitution and alternative contract claim) arise out of the same or substantially the same facts as the originally pleaded breach claims under Order 20 r.5(5) RHC; lateness and alleged prejudice were not sufficient to refuse relief and any prejudice can be compensated by costs or addressed at trial.

Court Disposition

Application allowed: leave granted to Plaintiffs to re-amend the Amended Statement of Claim; directions given for filing and service and costs orders made.

Orders

  • Plaintiffs have leave to file and serve the Re-Amended Amended Statement of Claim as per exhibit TSF-1 within 7 days from date of decision.
  • Defendants have leave to file and serve their Re-Amended Defence and Counterclaim within 14 days thereafter.