SAMUEL TAK LEE v. TSANG, CHIU WING FLORENCE

SAMUEL TAK LEE v. TSANG, CHIU WING FLORENCE

The court refused leave to amend the counterclaim because the compromise expressly conceded judgment on specified paragraphs and temporal parameters; however the court granted the adjournment of the assessment of damages, holding that damages owed by husband and father arising from tort do not appropriately function as a resource to reduce ancillary relief in the way third‑party debts might, and that exceptional/extraordinary circumstances justified varying the milestone trial date under RHC O 25 r 1B and the court's power under O 25 r 1A/1B(1).

Citation
SAMUEL TAK LEE v. TSANG, CHIU WING FLORENCE
Parties
Plaintiff (original Action); 1st Defendant by Counterclaim: Samuel Tak Lee; Defendant (original Action); Plaintiff by Counterclaim: Tsang, Chiu Wing Florence; 2nd Defendant by Counterclaim: Li Kin Kan Samathur
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 October 2011
Case Number
HCA566/2010
Procedural Posture
Civil: Fraud Claim; Counterclaim in Tort (conspiracy to Injure); Ancillary Relief / Interlocutory (directions Hearing and Application to Amend/adjourn Assessment of Damages)
Outcome
Application to amend counterclaim refused; application to adjourn assessment of damages granted; order nisi that there be no order for costs on the wife's summons
Legal Topics
Ancillary Relief, Assessment of Damages, Conspiracy to Injure, Compromise/settlement, Application to Amend Pleadings, Adjournment, Milestone Dates (rhc O 25 R 1 B)
Source Language
EN
Civil Litigation Family Law Tort Civil Procedure Ancillary Relief Assessment of Damages Conspiracy to Injure Compromise/settlement +3 more

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Parties

Samuel Tak Lee

Plaintiff (original Action); 1st Defendant by Counterclaim

Tsang, Chiu Wing Florence

Defendant (original Action); Plaintiff by Counterclaim

Li Kin Kan Samathur

2nd Defendant by Counterclaim

Procedural Posture

Civil: Fraud Claim; Counterclaim in Tort (conspiracy to Injure); Ancillary Relief / Interlocutory (directions Hearing and Application to Amend/adjourn Assessment of Damages)

Legal Issues

  1. 1 Whether the assessment of damages should be heard at the ancillary relief trial or adjourned
  2. 2 Whether the plaintiff by counterclaim could amend the counterclaim contrary to the terms of the compromise
  3. 3 Whether a milestone trial date could be varied under RHC O 25 r 1B

Ratio Decidendi

The court refused leave to amend the counterclaim because the compromise expressly conceded judgment on specified paragraphs and temporal parameters; however the court granted the adjournment of the assessment of damages, holding that damages owed by husband and father arising from tort do not appropriately function as a resource to reduce ancillary relief in the way third‑party debts might, and that exceptional/extraordinary circumstances justified varying the milestone trial date under RHC O 25 r 1B and the court's power under O 25 r 1A/1B(1).

Court Disposition

Application to amend counterclaim refused; application to adjourn assessment of damages granted; order nisi that there be no order for costs on the wife's summons

Orders

  • Application to amend the counterclaim refused
  • Assessment of damages adjourned (trial of assessment of damages adjourned)