LAW KWOK FAI PAUL AND OTHERS v. WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LTD AND ANOTHER

LAW KWOK FAI PAUL AND OTHERS v. WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LTD AND ANOTHER

Leave to amend was refused because plaintiffs delayed 15 months without explanation, failed to plead or particularize substantial special damages or put defendants on notice of large security costs, and amendment would unfairly prejudice defendants and undermine finality of litigation; accordingly the summons to amend is dismissed with costs.

Citation
LAW KWOK FAI PAUL AND OTHERS v. WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LTD AND ANOTHER
Parties
1st Plaintiff: LAW KWOK FAI PAUL（羅國輝）; 2nd Plaintiff: CHIANG CHRISTOPHER TAT ON（蔣達安）; 3rd Plaintiff: HO LAI CHING SABRINA（何勵貞）; 4th Plaintiff: HO WING ON CHRISTOPHER（何永安）; 5th Plaintiff: ASPREY LAI SHAN CHRISTINE（何勵珊）; 6th Plaintiff: CROSTHWAITE CHAN ANNE ELEANOR（陳安妮）; 7th Plaintiff: DENHILL LIMITED; 8th Plaintiff: SINO CONCORD TRADING LIMITED; 9th Plaintiff: BRIGHTON MARKETING LIMITED; 1st Defendant: WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LIMITED（匯美（香港）塑膠電子實業有限公司）; 2nd Defendant: CAI QINGHUA（蔡清華）
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 September 2013
Case Number
HCA184/2012
Procedural Posture
Civil Action for Declaration, Injunctions and Damages; Application to Amend Statement of Claim / Post Consent Final Judgment; Summons for Leave to Amend Under Order 20 Rule 5 (application Dismissed)
Outcome
Plaintiffs' summons for leave to amend dismissed
Legal Topics
Amendment of Pleadings, Summary Judgment (order 14), Consent Order, Special Damages Pleading, Finality of Litigation, Case Management, Costs
Source Language
EN
Civil Procedure Tort Defamation Negligence Injunctions Amendment of Pleadings Summary Judgment (order 14) Consent Order +4 more

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Parties

LAW KWOK FAI PAUL（羅國輝）

1st Plaintiff

CHIANG CHRISTOPHER TAT ON（蔣達安）

2nd Plaintiff

HO LAI CHING SABRINA（何勵貞）

3rd Plaintiff

HO WING ON CHRISTOPHER（何永安）

4th Plaintiff

ASPREY LAI SHAN CHRISTINE（何勵珊）

5th Plaintiff

CROSTHWAITE CHAN ANNE ELEANOR（陳安妮）

6th Plaintiff

DENHILL LIMITED

7th Plaintiff

SINO CONCORD TRADING LIMITED

8th Plaintiff

BRIGHTON MARKETING LIMITED

9th Plaintiff

WELLMEI (HK) PLASTICS & ELECTRONICS INDUSTRIAL LIMITED（匯美（香港）塑膠電子實業有限公司）

1st Defendant

CAI QINGHUA（蔡清華）

2nd Defendant

Procedural Posture

Civil Action for Declaration, Injunctions and Damages; Application to Amend Statement of Claim / Post Consent Final Judgment; Summons for Leave to Amend Under Order 20 Rule 5 (application Dismissed)

Legal Issues

  1. 1 Whether plaintiffs may amend statement of claim after entry of consent final judgment to add particulars and quantified special damages
  2. 2 Whether the Consent Summons and Consent Order operated as a full and final settlement of the whole action including damages
  3. 3 Whether plaintiffs' failure to plead or particularize special damages and to explain delay justifies refusal to amend

Ratio Decidendi

Leave to amend was refused because plaintiffs delayed 15 months without explanation, failed to plead or particularize substantial special damages or put defendants on notice of large security costs, and amendment would unfairly prejudice defendants and undermine finality of litigation; accordingly the summons to amend is dismissed with costs.

Court Disposition

Plaintiffs' summons for leave to amend dismissed

Orders

  • Application for leave to amend dismissed with costs to the defendants to be summarily assessed
  • Defendants to file their statement of costs within 14 days