LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER

LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER

The court allowed the amendment to add paragraph 22A because it related to pleaded liability and was not objected to on that basis, but dismissed the proposed paragraph 16A as duplicative; the court refused leave to adduce a second expert report because the plaintiffs failed to demonstrate necessity, relevance and probative value and failed to show how the proposed report would deal with defects allegedly arising from replacement contractors, and awarded costs to defendants for the expert application.

Citation
LUCKY FACT GARMENTS LTD AND ANOTHER v. KWOK CHI KUEN t/a GLOBAL INTERIOR DESIGN AND ANOTHER
Parties
1st Plaintiff: LUCKY FACT GARMENTS LIMITED; 2nd Plaintiff: WONG KAM HING; 1st Defendant: KWOK CHI KUEN trading as GLOBAL INTERIOR DESIGN; 2nd Defendant: KWOK CHI KUEN and CHEUNG SIN KWAN trading as B2 INTERIOR DESIGN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 April 2017
Case Number
HCA1510/2015
Procedural Posture
Contract Dispute (civil) / Interlocutory Applications (pleading Amendment and Expert Evidence)
Outcome
Amendment of paragraph 22A allowed; amendment of paragraph 16A dismissed; application for second expert report dismissed; costs awarded to defendants for the expert application in the sum of HKD 75,000 and costs of amendment to be defendant's in any event to be taxed if not agreed; case management directions given.
Legal Topics
Amendment of Pleadings, Expert Evidence, Costs, Breach of Contract, Remedial Works
Source Language
EN
Civil Procedure Contract Evidence Construction/building Defects Amendment of Pleadings Expert Evidence Costs Breach of Contract +1 more

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Parties

LUCKY FACT GARMENTS LIMITED

1st Plaintiff

WONG KAM HING

2nd Plaintiff

KWOK CHI KUEN trading as GLOBAL INTERIOR DESIGN

1st Defendant

KWOK CHI KUEN and CHEUNG SIN KWAN trading as B2 INTERIOR DESIGN

2nd Defendant

Procedural Posture

Contract Dispute (civil) / Interlocutory Applications (pleading Amendment and Expert Evidence)

Legal Issues

  1. 1 Whether leave should be granted to amend the Statement of Claim by adding paragraphs 16A and 22A
  2. 2 Whether leave should be granted to adduce a second expert report on liability
  3. 3 Whether costs should be awarded and quantum of costs

Ratio Decidendi

The court allowed the amendment to add paragraph 22A because it related to pleaded liability and was not objected to on that basis, but dismissed the proposed paragraph 16A as duplicative; the court refused leave to adduce a second expert report because the plaintiffs failed to demonstrate necessity, relevance and probative value and failed to show how the proposed report would deal with defects allegedly arising from replacement contractors, and awarded costs to defendants for the expert application.

Court Disposition

Amendment of paragraph 22A allowed; amendment of paragraph 16A dismissed; application for second expert report dismissed; costs awarded to defendants for the expert application in the sum of HKD 75,000 and costs of amendment to be defendant's in any event to be taxed if not agreed; case management directions given.

Orders

  • Leave granted to Plaintiffs to amend only paragraph 22A of the Statement of Claim as per draft
  • Application to amend paragraph 16A dismissed