EXCEL COURAGE HOLDINGS LTD AND ANOTHER v. WONG SIN LAI AND OTHERS

EXCEL COURAGE HOLDINGS LTD AND ANOTHER v. WONG SIN LAI AND OTHERS

The court granted leave to amend and to file the supplemental witness statement because the proposed allegations and evidence were relevant to the central disputed issue of beneficial ownership and credibility, were sufficiently particularised, and any prejudice from the lateness could be addressed by costs and case management rather than exclusion of the material.

Citation
EXCEL COURAGE HOLDINGS LTD AND ANOTHER v. WONG SIN LAI AND OTHERS
Parties
1st Plaintiff (original Action); 1st Defendant (counterclaim): Excel Courage Holdings Limited; 2nd Plaintiff (original Action); 2nd Defendant (counterclaim): Hung Ka Leung; 1st Defendant (original Action); Plaintiff (counterclaim by Wong Tam Yee): Wong Sin Lai (also known as Wong Sin Lei formerly Wong Tam Yee); 2nd Defendant (original Action); Plaintiff (counterclaim by Sun Xiao Xiang): Sun Xiao Xiang; 3rd Defendant (original Action): Tsang Man Ho Alvin; 4th Defendant (original Action): Wong Tsz Kin; 5th Defendant (original Action): Tsang Wing Ho Ringo; 3rd Defendant (by Counterclaim); Alleged Beneficiary: Lau Chi Yuen Joseph
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 December 2014
Case Number
HCCL34/2013
Procedural Posture
Commercial Action (court of First Instance, Hong Kong) / Interlocutory Application for Leave to Amend Pleadings and to File Supplemental Witness Statement; Decision Delivered on Summons
Outcome
Application granted in part: leave granted to amend defence and counterclaim as drafted and leave granted to file and serve the supplemental witness statement
Legal Topics
Amendment of Pleadings, Leave to Amend, Breach of Trust, Constructive Trust, Nominee Shareholding, Costs
Source Language
EN
Trusts Fiduciary Duty Civil Procedure Securities Regulation Company Law Amendment of Pleadings Leave to Amend Breach of Trust +3 more

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Parties

Excel Courage Holdings Limited

1st Plaintiff (original Action); 1st Defendant (counterclaim)

Hung Ka Leung

2nd Plaintiff (original Action); 2nd Defendant (counterclaim)

Wong Sin Lai (also known as Wong Sin Lei formerly Wong Tam Yee)

1st Defendant (original Action); Plaintiff (counterclaim by Wong Tam Yee)

Sun Xiao Xiang

2nd Defendant (original Action); Plaintiff (counterclaim by Sun Xiao Xiang)

Tsang Man Ho Alvin

3rd Defendant (original Action)

Wong Tsz Kin

4th Defendant (original Action)

Tsang Wing Ho Ringo

5th Defendant (original Action)

Lau Chi Yuen Joseph

3rd Defendant (by Counterclaim); Alleged Beneficiary

Procedural Posture

Commercial Action (court of First Instance, Hong Kong) / Interlocutory Application for Leave to Amend Pleadings and to File Supplemental Witness Statement; Decision Delivered on Summons

Legal Issues

  1. 1 Whether the 1st defendant held the one issued share in the 1st plaintiff on trust for the 2nd plaintiff or for Lau
  2. 2 Whether the oral investment agreement alleged by the 1st defendant existed
  3. 3 Whether the proposed amendments and supplemental witness statement are admissible and should be allowed despite lateness

Ratio Decidendi

The court granted leave to amend and to file the supplemental witness statement because the proposed allegations and evidence were relevant to the central disputed issue of beneficial ownership and credibility, were sufficiently particularised, and any prejudice from the lateness could be addressed by costs and case management rather than exclusion of the material.

Court Disposition

Application granted in part: leave granted to amend defence and counterclaim as drafted and leave granted to file and serve the supplemental witness statement

Orders

  • Leave granted to the 1st defendant to amend the defence and counterclaim as per the draft appended to the summons
  • Leave granted to the 1st defendant to file and serve the supplemental witness statement