THE "RIAU"

THE "RIAU"

Leave to amend the writ, Statement of Claim and Reply to plead deceit and negligent misrepresentation was granted because the pleaded facts and discovery provided a sufficient evidential basis to sustain a claim in fraud or deliberate concealment, which postponed the commencement of the limitation period under section 26 until discovery, and the court exercised its discretion to allow the amendments despite potential prejudice to defendants.

Citation
THE "RIAU"
Parties
Plaintiffs: The Owners of Cargo Lately Laden on board the ship "RIAU"; Defendants: The Owners of the ship "RIAU"
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
31 December 1992
Case Number
HCAJ215/1984
Procedural Posture
Admiralty Action in Rem / Interlocutory Application to Amend Pleadings (chambers Decision)
Outcome
Application granted in part: leave given to amend endorsement on the writ, re-amend Statement of Claim and amend Reply; service dispensed with; costs ordered as below.
Legal Topics
Fraudulent Misrepresentation, Negligent Misrepresentation, Bills of Lading, Limitation Periods, Deliberate Concealment, Estoppel, Amendment of Pleadings, Discovery
Source Language
EN
Admiralty Contract Tort Equity Limitation Law Civil Procedure Fraudulent Misrepresentation Negligent Misrepresentation +6 more

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Parties

The Owners of Cargo Lately Laden on board the ship "RIAU"

Plaintiffs

The Owners of the ship "RIAU"

Defendants

Procedural Posture

Admiralty Action in Rem / Interlocutory Application to Amend Pleadings (chambers Decision)

Legal Issues

  1. 1 Whether plaintiffs may amend pleadings to add causes of action for deceit and negligent misrepresentation
  2. 2 Whether particulars pleaded suffice to allege fraud with sufficient evidence for trial
  3. 3 Whether causes of action are time-barred under Limitation Ordinance s26 and effect of deliberate concealment

Ratio Decidendi

Leave to amend the writ, Statement of Claim and Reply to plead deceit and negligent misrepresentation was granted because the pleaded facts and discovery provided a sufficient evidential basis to sustain a claim in fraud or deliberate concealment, which postponed the commencement of the limitation period under section 26 until discovery, and the court exercised its discretion to allow the amendments despite potential prejudice to defendants.

Court Disposition

Application granted in part: leave given to amend endorsement on the writ, re-amend Statement of Claim and amend Reply; service dispensed with; costs ordered as below.

Orders

  • Leave granted to amend the endorsement on the writ
  • Leave granted to re-amend the Statement of Claim to add causes of action for deceit and negligent misrepresentation