TAM BING CHOI AND OTHERS v. HUI SIM KIU AND OTHERS

TAM BING CHOI AND OTHERS v. HUI SIM KIU AND OTHERS

Amendment was allowed generally but not to add Section E or its reliefs because Section E raised post‑writ matters with little or no connection to the original claim and was outside the Indorsement of Claim; separately the plaintiffs' remaining declaratory claims were struck out as academic and devoid of practical...

Source-derived case information.

Citation
[2021] HKCFI 3751
Parties
1st Plaintiff: Tam Bing Choi; 2nd Plaintiff: Hui Lai Ching Janet; 3rd Plaintiff: Wong Pui Kwan; 4th Plaintiff: Yiu Mi Kuen; 5th Plaintiff: Yiu Mei Ching; 1st Defendant: Hui Sim Kiu; 2nd Defendant: Kowloon Tong Baptist Church
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2021
Case Number
HCA1091/2018
Procedural Posture
Civil Declaratory Proceedings Concerning Company/association Governance / Decision on Amendment Application and Defendants' Striking Out Application (substantive Hearing Concluded)
Outcome
Plaintiffs' amendment application partly allowed (excluding Section E); Defendants' striking out application allowed; Plaintiffs' declaratory claim struck out as academic
Legal Topics
Amendment of Pleadings, Post‑writ Causes of Action, Eshelby Rule, Striking Out (o 18 R 19 Rhc), Justiciability/academic Claims, Minutes of Meetings and Articles of Association
Source Language
en
Civil Procedure Company Law Declaratory Relief Fiduciary Duties Amendment of Pleadings Post‑writ Causes of Action Eshelby Rule Striking Out (o 18 R 19 Rhc) +2 more

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Summary, issues, holding and outcome

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Parties

Tam Bing Choi

1st Plaintiff

Hui Lai Ching Janet

2nd Plaintiff

Wong Pui Kwan

3rd Plaintiff

Yiu Mi Kuen

4th Plaintiff

Yiu Mei Ching

5th Plaintiff

Hui Sim Kiu

1st Defendant

Kowloon Tong Baptist Church

2nd Defendant

Procedural Posture

Civil Declaratory Proceedings Concerning Company/association Governance / Decision on Amendment Application and Defendants' Striking Out Application (substantive Hearing Concluded)

Legal Issues

  1. 1 Whether court should permit amendment to add post‑writ matters (Section E) to Statement of Claim
  2. 2 Whether the Eshelby restriction and Order 20 r 5 permit post‑writ causes of action here
  3. 3 Whether the Plaintiffs' declaratory relief claims have become academic and lack practical utility

Ratio Decidendi

Amendment was allowed generally but not to add Section E or its reliefs because Section E raised post‑writ matters with little or no connection to the original claim and was outside the Indorsement of Claim; separately the plaintiffs' remaining declaratory claims were struck out as academic and devoid of practical utility because intervening events (the New Resolution and subsequent endorsement of the minutes) had supervened, leaving no real interest or proper practical purpose for the court to grant the declaratory reliefs.

Court Disposition

Plaintiffs' amendment application partly allowed (excluding Section E); Defendants' striking out application allowed; Plaintiffs' declaratory claim struck out as academic

Orders

  • Plaintiffs' Summons dated 25 June 2021 allowed (to replace December 2020 Draft ASOC with April 2021 Draft ASOC for amendment application)
  • Plaintiffs' Summons dated 9 December 2020 partly allowed: leave to amend Statement of Claim as per April 2021 Draft ASOC except Section E and the Section E reliefs; leave to re‑amend the Writ as per the Amended Indorsement of Claim enclosed to the 25 June 2021 Summons