ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI AND OTHERS

ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI AND OTHERS

Leave to amend to plead exemplary damages was refused because, although the allegations derived broadly from pleaded facts, the plaintiff could not be permitted to add a punitive claim where the defendant, by reason of age and infirmity and the lateness of the application, would be unable to give explanation or proper instructions, causing irremediable prejudice that could not be compensated by costs; consequently the appeal was allowed and the Master's grant of leave in relation to exemplary damages was set aside.

Citation
ANTHONY ERIC RYAN HOTUNG v. HO YUEN KI AND OTHERS
Parties
Plaintiff: Anthony Eric Ryan Hotung; 1st Defendant: Ho Yuen Ki; 2nd Defendant: Eric Edward Hotung; 3rd Defendant: Hotung Estates Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 February 2017
Case Number
HCA1216/2006
Procedural Posture
Civil Breach of Trust / Interlocutory Appeal Against Master's Decision on Amendments (leave to Amend)
Outcome
Appeal allowed; Master’s decision varied in part; leave to amend to plead exemplary damages refused
Legal Topics
Breach of Trust, Exemplary Damages, Amendment of Pleadings, Prejudice and Costs, Laches, Limitation
Source Language
EN
Trusts Civil Procedure Equitable Remedies Damages Breach of Trust Exemplary Damages Amendment of Pleadings Prejudice and Costs +2 more

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Parties

Anthony Eric Ryan Hotung

Plaintiff

Ho Yuen Ki

1st Defendant

Eric Edward Hotung

2nd Defendant

Hotung Estates Limited

3rd Defendant

Procedural Posture

Civil Breach of Trust / Interlocutory Appeal Against Master's Decision on Amendments (leave to Amend)

Legal Issues

  1. 1 Whether leave to amend the statement of claim to plead exemplary damages should be granted
  2. 2 Whether the proposed amendment arises from facts already pleaded or introduces new matters requiring fresh evidence
  3. 3 Whether allowing the amendment would cause irremediable prejudice to the defendant given age and infirmity

Ratio Decidendi

Leave to amend to plead exemplary damages was refused because, although the allegations derived broadly from pleaded facts, the plaintiff could not be permitted to add a punitive claim where the defendant, by reason of age and infirmity and the lateness of the application, would be unable to give explanation or proper instructions, causing irremediable prejudice that could not be compensated by costs; consequently the appeal was allowed and the Master's grant of leave in relation to exemplary damages was set aside.

Court Disposition

Appeal allowed; Master’s decision varied in part; leave to amend to plead exemplary damages refused

Orders

  • Appeal allowed
  • Leave to amend the statement of claim to plead exemplary damages refused