DDK TRADING & DEVELOPMENT CO. LTD. v. MULTI BEST MANUFACTURERS LTD. AND ANOTHER

DDK TRADING & DEVELOPMENT CO. LTD. v. MULTI BEST MANUFACTURERS LTD. AND ANOTHER

When an original writ is amended to join a new defendant the action is deemed to have begun against that added defendant at the date of the amendment/joinder and not at the date of issue of the original writ; consequently the Master's unconditional grant of leave to amend stands and the appeal is dismissed.

Citation
DDK TRADING & DEVELOPMENT CO. LTD. v. MULTI BEST MANUFACTURERS LTD. AND ANOTHER
Parties
Plaintiff: DDK TRADING & DEVELOPMENT CO. LTD; 1st Defendant: MULTI BEST MANUFACTURERS LTD.; 2nd Defendant: KOKYU LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 September 1985
Case Number
HCA4277/1982
Procedural Posture
Civil Procedure Amendment and Limitation / Appeal Against Master's Order
Outcome
Appeal dismissed
Legal Topics
Relation Back, Joinder of Defendants, Amendment of Writ/statement of Claim, Transfer of Business Creditor Protection
Source Language
EN
Civil Procedure Limitation Commercial/corporate Transfers Relation Back Joinder of Defendants Amendment of Writ/statement of Claim Transfer of Business Creditor Protection

Case Brief

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Parties

DDK TRADING & DEVELOPMENT CO. LTD

Plaintiff

MULTI BEST MANUFACTURERS LTD.

1st Defendant

KOKYU LTD.

2nd Defendant

Procedural Posture

Civil Procedure Amendment and Limitation / Appeal Against Master's Order

Legal Issues

  1. 1 Whether an amendment adding a new defendant or new cause of action relates back to the date of issue of the original writ
  2. 2 Whether the Transfer of Businesses (Protection of Creditors) Ordinance s.9 limitation period can be circumvented by amendment/joinder
  3. 3 Effect of changes to the Rules of Supreme Court and relevance of Limitation Ordinance s.35

Ratio Decidendi

When an original writ is amended to join a new defendant the action is deemed to have begun against that added defendant at the date of the amendment/joinder and not at the date of issue of the original writ; consequently the Master's unconditional grant of leave to amend stands and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of Master granting leave to amend affirmed
  • Amendment joining 2nd defendant takes effect from date of joinder (does not relate back to date of issue of writ)