CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC AND ANOTHER

CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC AND ANOTHER

The plaintiffs failed to show a real prospect of success and did not establish good reason to extend the original writ given the limitation position; the Judge correctly applied the Global Bridge test to disallow the amendments as the defendants had a reasonably arguable limitation defence; accordingly extension of time and leave to appeal were refused and the orders below were upheld.

Citation
CHOW HOW YEEN MARGARET AND OTHERS v. WEX PHARMACEUTICALS INC AND ANOTHER
Parties
1st Plaintiff (1st Applicant): CHOW HOW YEEN MARGARET; 2nd Plaintiff (2nd Applicant): GAO CHENG (XIE LI) COMPANY LTD; 3rd Plaintiff (3rd Applicant): MUSCULAR INVESTMENT COMPANY LTD; 1st Defendant (1st Respondent): WEX PHARMACEUTICALS INC; 2nd Defendant (2nd Respondent): WEX MEDICAL LTD
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2013
Case Number
HCMP1516/2013
Procedural Posture
Court of Appeal Miscellaneous Proceedings (leave to Appeal/extension of Time) / Determination of Summons for Extension of Time and Leave to Appeal on Written Submissions
Outcome
Application refused: extension of time and leave to appeal denied; orders below upheld; costs awarded to respondents; no oral reconsideration allowed
Legal Topics
Extension of Time, Leave to Appeal, Disallowance of Amendment, Service Out of Jurisdiction, Relation Back, Fraudulent Misrepresentation, Limitation Ordinance S.26(1)(b)
Source Language
EN
Civil Procedure Limitation Law Appeal Extension of Time Leave to Appeal Disallowance of Amendment Service Out of Jurisdiction Relation Back +2 more

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Parties

CHOW HOW YEEN MARGARET

1st Plaintiff (1st Applicant)

GAO CHENG (XIE LI) COMPANY LTD

2nd Plaintiff (2nd Applicant)

MUSCULAR INVESTMENT COMPANY LTD

3rd Plaintiff (3rd Applicant)

WEX PHARMACEUTICALS INC

1st Defendant (1st Respondent)

WEX MEDICAL LTD

2nd Defendant (2nd Respondent)

Procedural Posture

Court of Appeal Miscellaneous Proceedings (leave to Appeal/extension of Time) / Determination of Summons for Extension of Time and Leave to Appeal on Written Submissions

Legal Issues

  1. 1 Whether an extension of time to apply for leave to appeal should be granted despite substantial delay
  2. 2 Whether leave to appeal was required for parts of the proposed appeal
  3. 3 Whether the September 2012 amendments adding a fraudulent misrepresentation claim should be disallowed under the Global Bridge test

Ratio Decidendi

The plaintiffs failed to show a real prospect of success and did not establish good reason to extend the original writ given the limitation position; the Judge correctly applied the Global Bridge test to disallow the amendments as the defendants had a reasonably arguable limitation defence; accordingly extension of time and leave to appeal were refused and the orders below were upheld.

Court Disposition

Application refused: extension of time and leave to appeal denied; orders below upheld; costs awarded to respondents; no oral reconsideration allowed

Orders

  • Refuse extension of time to apply for leave to appeal and refuse leave to appeal
  • Order under RHC O.59 r.2A(8) that no party may request reconsideration at an oral hearing inter partes