MICHAEL YAP AND ANOTHER v. LAI YIP DYEING FACTORY LTD AND OTHERS

MICHAEL YAP AND ANOTHER v. LAI YIP DYEING FACTORY LTD AND OTHERS

Leave to amend was granted because defendants had given notice, sought to correct factual pleadings supported by expert evidence, plaintiffs failed to demonstrate uncompensable prejudice or that the amendments were bound to fail, and fairness and case management required allowing defendants to plead their case for trial; costs awarded with adjustment accordingly.

Citation
MICHAEL YAP AND ANOTHER v. LAI YIP DYEING FACTORY LTD AND OTHERS
Parties
1st Plaintiff: Michael Yap; 2nd Plaintiff: EKIM MANAGEMENT LIMITED; 1st Defendant: Lai Yip Dyeing Factory Limited; 2nd Defendant: Leung Tung Hoi; 3rd Defendant: Lee Cheuk Kwon; 4th Defendant: Ricky Tse Wing Chiu
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 May 2017
Case Number
HCA1084/2011
Procedural Posture
Civil Action (high Court) / Interlocutory Application for Leave to Amend Defence and Counterclaim (pre Trial Amendment Stage)
Outcome
Application granted: leave given to 2nd, 3rd and 4th defendants to amend their Defence and Counterclaim subject to specified deletions and time limits; costs awarded to defendants with assessment and payment direction.
Legal Topics
Amendment of Pleadings, Set Off, Pleading Versus Evidence, Valuation of Shares, Extortionate Interest, Costs
Source Language
EN
Civil Procedure Contract Equity Trusts Company Law Amendment of Pleadings Set Off Pleading Versus Evidence +3 more

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Parties

Michael Yap

1st Plaintiff

EKIM MANAGEMENT LIMITED

2nd Plaintiff

Lai Yip Dyeing Factory Limited

1st Defendant

Leung Tung Hoi

2nd Defendant

Lee Cheuk Kwon

3rd Defendant

Ricky Tse Wing Chiu

4th Defendant

Procedural Posture

Civil Action (high Court) / Interlocutory Application for Leave to Amend Defence and Counterclaim (pre Trial Amendment Stage)

Legal Issues

  1. 1 Whether defendants should be granted leave to amend their Defence and Counterclaim after lengthy delay
  2. 2 Whether the proposed amendments are bound to fail or are abusive/misleading
  3. 3 Whether plaintiffs would suffer uncompensable prejudice if amendments are allowed

Ratio Decidendi

Leave to amend was granted because defendants had given notice, sought to correct factual pleadings supported by expert evidence, plaintiffs failed to demonstrate uncompensable prejudice or that the amendments were bound to fail, and fairness and case management required allowing defendants to plead their case for trial; costs awarded with adjustment accordingly.

Court Disposition

Application granted: leave given to 2nd, 3rd and 4th defendants to amend their Defence and Counterclaim subject to specified deletions and time limits; costs awarded to defendants with assessment and payment direction.

Orders

  • Leave given to the 2nd, 3rd and 4th defendants to amend their respective Defence and Counterclaim as per the draft subject to deletion of Leung Ting Kuen
  • Defendants shall serve their respective Amended Defence and Counterclaim within 7 days from date of decision