HARVEST TOP DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF HARBOUR VIEW GARDEN AND ANOTHER

HARVEST TOP DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF HARBOUR VIEW GARDEN AND ANOTHER

The Applicant had materially changed its position by introducing new issues and confusing the previously confirmed statement of issues (Chan-1) without compelling explanation; given the duty of counsel to assist the court under the CJR and the prejudice to Respondents, the Tribunal refused the Applicant leave to retract and ordered that Chan-1 shall stand as the Applicant's list of issues; costs of and occasioned by the retraction were to be awarded against the Applicant and were summarily assessed and ordered paid forthwith.

Citation
HARVEST TOP DEVELOPMENT LTD v. THE INCORPORATED OWNERS OF HARBOUR VIEW GARDEN AND ANOTHER
Parties
Applicant: Harvest Top Development Limited; 1st Respondent: The Incorporated Owners of Harbour View Garden; 2nd Respondent: Kong Shum Union Property Management Company Limited
Court
Lands Tribunal
Jurisdiction
Hong Kong
Judgment Date
12 November 2010
Case Number
LDBM145/2008
Procedural Posture
Building Management Application (lands Tribunal) / Interlocutory Decision at Part Heard Trial (decision Delivered)
Outcome
Applicant's retraction/disputed amendment refused; Chan-1 to stand as Applicant's list of issues; costs awarded against Applicant
Legal Topics
Statement of Issues, Amendment of Pleadings, Case Management, Civil Justice Reform (cjr), Summary Assessment of Costs
Source Language
EN
Civil Procedure Building Management Tribunal Practice Costs Statement of Issues Amendment of Pleadings Case Management Civil Justice Reform (cjr) +1 more

Case Brief

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Parties

Harvest Top Development Limited

Applicant

The Incorporated Owners of Harbour View Garden

1st Respondent

Kong Shum Union Property Management Company Limited

2nd Respondent

Procedural Posture

Building Management Application (lands Tribunal) / Interlocutory Decision at Part Heard Trial (decision Delivered)

Legal Issues

  1. 1 Whether the Applicant may retract from an agreed statement of issues
  2. 2 Whether belated amendments to pleadings introducing new issues are permissible
  3. 3 Extent to which the Civil Justice Reform and Rules of the High Court (Order 1A/1B) apply to the Lands Tribunal

Ratio Decidendi

The Applicant had materially changed its position by introducing new issues and confusing the previously confirmed statement of issues (Chan-1) without compelling explanation; given the duty of counsel to assist the court under the CJR and the prejudice to Respondents, the Tribunal refused the Applicant leave to retract and ordered that Chan-1 shall stand as the Applicant's list of issues; costs of and occasioned by the retraction were to be awarded against the Applicant and were summarily assessed and ordered paid forthwith.

Court Disposition

Applicant's retraction/disputed amendment refused; Chan-1 to stand as Applicant's list of issues; costs awarded against Applicant

Orders

  • Chan-1 shall stand as the Applicant's list of issues
  • Costs of and occasioned by the Applicant's retraction to be paid by the Applicant to the 1st and 2nd Respondents