TSANG SHU WO AND ANOTHER v. Person unknown in occupation of Lot No. 2643RP in D.D.120, Yuen Long, New Territories, Hong Kong AND ANOTHER

TSANG SHU WO AND ANOTHER v. Person unknown in occupation of Lot No. 2643RP in D.D.120, Yuen Long, New Territories, Hong Kong AND ANOTHER

Leave to file and serve the proposed Rejoinder was refused because the application was unreasonably late, the equitable irrevocable licence should have been pleaded in the Defence under O.18 r.8(2), the proposed pleading lacked necessary particulars, allowing it would prejudice the Plaintiffs by necessitating...

Source-derived case information.

Citation
[2020] HKCFI 121
Parties
1st Plaintiff: TSANG SHU WO; 2nd Plaintiff: MAN CHEUNG LAM; 1st Defendant: Person unknown in occupation of Lot No. 2643RP in D.D.120, Yuen Long, New Territories, Hong Kong; 2nd Defendant: CHEUNG KWAN HO
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
7 January 2020
Case Number
HCMP3279/2013
Procedural Posture
Miscellaneous Proceedings Under Order 113 Concerning Possession of Lot No. 2643 RP / First Day of Trial; Interlocutory Application for Leave to File and Serve a Rejoinder
Outcome
Application for leave to file and serve a Rejoinder declined
Legal Topics
Irrevocable Licence, Amendment of Pleadings, Leave to File Rejoinder, Particulars, Adjournment, Prejudice, Costs
Source Language
en
Land Law Property Civil Procedure Possession Pleadings Irrevocable Licence Amendment of Pleadings Leave to File Rejoinder +4 more

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Parties

TSANG SHU WO

1st Plaintiff

MAN CHEUNG LAM

2nd Plaintiff

Person unknown in occupation of Lot No. 2643RP in D.D.120, Yuen Long, New Territories, Hong Kong

1st Defendant

CHEUNG KWAN HO

2nd Defendant

Procedural Posture

Miscellaneous Proceedings Under Order 113 Concerning Possession of Lot No. 2643 RP / First Day of Trial; Interlocutory Application for Leave to File and Serve a Rejoinder

Legal Issues

  1. 1 Whether leave should be granted to file and serve a Rejoinder at the first day of trial
  2. 2 Whether the alleged irrevocable licence with an equity should have been pleaded in the Defence
  3. 3 Whether the application is unreasonably late and lacks particulars

Ratio Decidendi

Leave to file and serve the proposed Rejoinder was refused because the application was unreasonably late, the equitable irrevocable licence should have been pleaded in the Defence under O.18 r.8(2), the proposed pleading lacked necessary particulars, allowing it would prejudice the Plaintiffs by necessitating investigation and likely adjournment after six years to trial, and costs would not be an adequate remedy given the 2nd Defendant is legally aided.

Court Disposition

Application for leave to file and serve a Rejoinder declined

Orders

  • Application for leave to file and serve the proposed Rejoinder is declined
  • Costs awarded to the Plaintiffs