NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Leave to amend was granted despite inordinate and inexcusable delay because (1) prior trial admissions and witness testimony had already put parties on notice of the 'paper meetings' case, (2) allowing the amendments better defines and narrows issues for trial and secures justice, and (3) the amendments would be permitted only on strict terms and a strict timetable to avoid adjournment; costs were ordered on an indemnity basis against the applicants to compensate prejudice caused by delay.

Citation
NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS
Parties
1st Plaintiff Hca51; 4th Defendant Hca1040; 4th Defendant HCA1041: NG KWOK PIU PHILIP; 2nd Plaintiff Hca51; 2nd Defendant Hca1040; 2nd Defendant HCA1041: CONFEDERATED ASSETS GROUP LIMITED; 3rd Plaintiff Hca51; 3rd Defendant Hca1040; 3rd Defendant HCA1041: WELL ARTS ENTERPRISES LIMITED; 1st Defendant Hca51; 1st Plaintiff Hca1040; 1st Plaintiff HCA1041: TO PUI KUI; 2nd Defendant Hca51; 3rd Plaintiff Hca1040; 4th Plaintiff HCA1041: NG KWOK TAI ANDREW; 3rd Defendant Hca51; 6th Defendant Hca1040; 6th Defendant HCA1041: NG YIU CHI ELEANOR; 4th Defendant HCA51: NG SHEUNG MING ASSOCIATION LIMITED; 1st Defendant HCA1040: HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED; 1st Defendant HCA1041: HULTUCKTONG COMPANY LIMITED; 3rd Plaintiff HCA1041: NG KAY CHEE ANGELA; 5th Defendant Hca1040; 5th Defendant HCA1041: NG OI CHE STEPHANIE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 December 2014
Case Number
HCA51/2007
Procedural Posture
Civil Company/shareholders Dispute (consolidated Actions) / Pre Trial: Interlocutory Application for Leave to Amend Pleadings (directions Given)
Outcome
Leave to amend granted with strict terms and timetable; indemnity costs awarded against Philip's Group
Legal Topics
Amendment of Pleadings, Authenticity of Documents and Signatures, Forgery Allegations, Statements of Truth, Trial Management and Prejudice
Source Language
EN
Company Law Civil Procedure Evidence Law Costs Amendment of Pleadings Authenticity of Documents and Signatures Forgery Allegations Statements of Truth +1 more

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Parties

NG KWOK PIU PHILIP

1st Plaintiff Hca51; 4th Defendant Hca1040; 4th Defendant HCA1041

CONFEDERATED ASSETS GROUP LIMITED

2nd Plaintiff Hca51; 2nd Defendant Hca1040; 2nd Defendant HCA1041

WELL ARTS ENTERPRISES LIMITED

3rd Plaintiff Hca51; 3rd Defendant Hca1040; 3rd Defendant HCA1041

TO PUI KUI

1st Defendant Hca51; 1st Plaintiff Hca1040; 1st Plaintiff HCA1041

NG KWOK TAI ANDREW

2nd Defendant Hca51; 3rd Plaintiff Hca1040; 4th Plaintiff HCA1041

NG YIU CHI ELEANOR

3rd Defendant Hca51; 6th Defendant Hca1040; 6th Defendant HCA1041

NG SHEUNG MING ASSOCIATION LIMITED

4th Defendant HCA51

HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LIMITED

1st Defendant HCA1040

HULTUCKTONG COMPANY LIMITED

1st Defendant HCA1041

NG KAY CHEE ANGELA

3rd Plaintiff HCA1041

NG OI CHE STEPHANIE

5th Defendant Hca1040; 5th Defendant HCA1041

Procedural Posture

Civil Company/shareholders Dispute (consolidated Actions) / Pre Trial: Interlocutory Application for Leave to Amend Pleadings (directions Given)

Legal Issues

  1. 1 Whether leave to amend pleadings should be granted despite inordinate delay
  2. 2 Whether the proposed amendments change the pleaded case and cause prejudice or disruption to trial
  3. 3 Whether the contested documents were circulated and signed (paper meetings) or genuine physical meetings occurred

Ratio Decidendi

Leave to amend was granted despite inordinate and inexcusable delay because (1) prior trial admissions and witness testimony had already put parties on notice of the 'paper meetings' case, (2) allowing the amendments better defines and narrows issues for trial and secures justice, and (3) the amendments would be permitted only on strict terms and a strict timetable to avoid adjournment; costs were ordered on an indemnity basis against the applicants to compensate prejudice caused by delay.

Court Disposition

Leave to amend granted with strict terms and timetable; indemnity costs awarded against Philip's Group

Orders

  • Philip's Group to file and serve further and better particulars of paragraph 20B by 4pm on 5 January 2015 detailing the exact Restructuring Documents circulated, by whom and to whom, when and how circulated, when signatures completed for each document and how documents were returned
  • Defendants in HCA 51 to have leave to file and serve consequential amendments to their pleadings by 4pm on 19 January 2015