CHAN SAN v. HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased AND OTHERS

CHAN SAN v. HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased AND OTHERS

The application to amend was allowed because the court concluded the amendments were factual adjustments that did not alter the claim's subject matter, there was no evidence of mala fides or undue delay causing irremediable prejudice, and any prejudice could be compensated by costs; therefore justice required...

Source-derived case information.

Citation
CHAN SAN v. HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased AND OTHERS
Parties
Plaintiff: CHAN SAN; 1st Defendant: HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased; 2nd Defendant (discontinued): The Personal Representatives of CHEUNG TUNGFAT, the Deceased; 3rd Defendant (discontinued): CHEUNG SIU-PING, JODIE; 4th Defendant (discontinued): CHEUNG WAI CHUN, the Personal Representative of CHEUNG TUNGTAK, alias CHEUNG TAK, the Deceased; 5th Defendant (discontinued): CHEUNG KAISANG alias CHEUNG KISHANG (or SANG); 6th Defendant (discontinued): CHEUNG WAI CHUNG, the Personal Representative of CHEUNG TUNGTAK alias CHEUNG TAK, the Deceased
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 May 2017
Case Number
HCA840/2012
Procedural Posture
Civil Land/title Dispute / Application to Amend Pleadings (chambers Hearing)
Outcome
Application allowed
Legal Topics
Amendment of Pleadings, Statement of Truth, Prejudice and Delay, Civil Justice Reform
Source Language
en
Civil Procedure Land Law Costs Amendment of Pleadings Statement of Truth Prejudice and Delay Civil Justice Reform

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Parties

CHAN SAN

Plaintiff

HANS LI, the person appointed to represent the estate of KAM SHUI MAN, the Deceased

1st Defendant

The Personal Representatives of CHEUNG TUNGFAT, the Deceased

2nd Defendant (discontinued)

CHEUNG SIU-PING, JODIE

3rd Defendant (discontinued)

CHEUNG WAI CHUN, the Personal Representative of CHEUNG TUNGTAK, alias CHEUNG TAK, the Deceased

4th Defendant (discontinued)

CHEUNG KAISANG alias CHEUNG KISHANG (or SANG)

5th Defendant (discontinued)

CHEUNG WAI CHUNG, the Personal Representative of CHEUNG TUNGTAK alias CHEUNG TAK, the Deceased

6th Defendant (discontinued)

Procedural Posture

Civil Land/title Dispute / Application to Amend Pleadings (chambers Hearing)

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the Re-re-Amended Statement of Claim
  2. 2 Whether the proposed amendments change the substance of the case so as to cause irremediable prejudice to the defendant
  3. 3 Whether the plaintiff is acting bona fide or mala fide in seeking the amendment

Ratio Decidendi

The application to amend was allowed because the court concluded the amendments were factual adjustments that did not alter the claim's subject matter, there was no evidence of mala fides or undue delay causing irremediable prejudice, and any prejudice could be compensated by costs; therefore justice required permitting the amendments with consequential procedural directions.

Court Disposition

Application allowed

Orders

  • Application allowed; service of the amended pleadings be dispensed with
  • 1st Defendant is at liberty to file and serve amended pleadings consequential upon the plaintiff's amendments within 28 days from the date hereof