LI NGAN KWAN AND OTHERS v. GAO LI HUI AND OTHERS

LI NGAN KWAN AND OTHERS v. GAO LI HUI AND OTHERS

The amendment summons is dismissed because there was inordinate and inexcusable delay, the proposed amendments introduce new causes and materially new factual bases (including change from negligence to intentional wrongdoing and novel claims of forgery and altered proprietary bases) that are time‑barred under s35 LO or otherwise bound to fail, and the defendants would suffer irremediable prejudice from the lateness that cannot be compensated by costs.

Citation
[2021] HKCFI 2878
Parties
1st Plaintiff: LI NGAN KWAN; 2nd Plaintiff: SUN GUANG YUE; 3rd Plaintiff (struck Out): EXCEL GAINER INVESTMENT LIMITED; 1st Defendant: GAO LI HUI; 2nd Defendant: XU AO MEI; 3rd Defendant (discontinued): FU WEN HUA; 4th Defendant: CHAN WAI SHING & SUN LUP CHUNG trading as 'CHAN AND Associates' (a firm); 5th Defendant (added): EXCEL GAINER INVESTMENT LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 September 2021
Case Number
HCA933/2007
Procedural Posture
Civil Action (amendment Summons to Amend Statement of Claim) / Interlocutory/chambers Decision on Amendment Summons (application Dismissed)
Outcome
Amendment summons dismissed (leave to amend refused) except for clerical amendments
Legal Topics
Amendment of Pleadings, Limitation Period (s35 Limitation Ordinance), Constructive Trust, Unjust Enrichment, Fraudulent Misrepresentation, Non Est Factum, Fiduciary Duties, Dishonest Assistance, Conspiracy, Prejudice and Delay
Source Language
EN
Equity Civil Procedure Company Law Tort Property Law Limitation Law Solicitors Professional Liability Amendment of Pleadings +9 more

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Parties

LI NGAN KWAN

1st Plaintiff

SUN GUANG YUE

2nd Plaintiff

EXCEL GAINER INVESTMENT LIMITED

3rd Plaintiff (struck Out)

GAO LI HUI

1st Defendant

XU AO MEI

2nd Defendant

FU WEN HUA

3rd Defendant (discontinued)

CHAN WAI SHING & SUN LUP CHUNG trading as 'CHAN AND Associates' (a firm)

4th Defendant

EXCEL GAINER INVESTMENT LIMITED

5th Defendant (added)

Procedural Posture

Civil Action (amendment Summons to Amend Statement of Claim) / Interlocutory/chambers Decision on Amendment Summons (application Dismissed)

Legal Issues

  1. 1 Whether to grant leave to amend long‑standing statement of claim after inordinate delay
  2. 2 Whether proposed amendments add new causes of action outside limitation (s35 LO)
  3. 3 Whether proposed causes arise out of same or substantially same facts as original claim

Ratio Decidendi

The amendment summons is dismissed because there was inordinate and inexcusable delay, the proposed amendments introduce new causes and materially new factual bases (including change from negligence to intentional wrongdoing and novel claims of forgery and altered proprietary bases) that are time‑barred under s35 LO or otherwise bound to fail, and the defendants would suffer irremediable prejudice from the lateness that cannot be compensated by costs.

Court Disposition

Amendment summons dismissed (leave to amend refused) except for clerical amendments

Orders

  • Amendment Summons dated 26 May 2020 dismissed
  • Costs awarded to the Defendants against the Plaintiffs