JOHN M. RUSSELL v. ROBERT A. MARQUES

JOHN M. RUSSELL v. ROBERT A. MARQUES

Order 20 Rule 3 applies in the District Court subject to the District Court rules governing when pleadings are deemed closed; because District Court pleadings had closed by the date the plaintiff sought to file the amended particulars the Deputy-Registrar correctly declined to accept them without leave, and leave was appropriately granted when applied for before the Judge on 18 September 1980.

Citation
JOHN M. RUSSELL v. ROBERT A. MARQUES
Parties
Plaintiff: JOHN M. RUSSELL; Defendant: ROBERT A. MARQUES
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
21 October 1980
Case Number
DCCJ1916/1980
Procedural Posture
District Court Civil Action / Ruling on Summons to File Amended Particulars; Application for Leave to Amend
Outcome
Deputy-Registrar properly declined to accept the amended particulars without leave; leave to amend was necessary and was granted when the plaintiff appeared before the Court on 18 September 1980.
Legal Topics
Amendment of Particulars of Claim, Order 20 Rule 3, Pleadings Deemed Closed, Leave to Amend, Order 18 Rule 20, District Court Civil Procedure (general) Rules
Source Language
EN
Civil Procedure Pleadings District Court Practice Amendment of Particulars of Claim Order 20 Rule 3 Pleadings Deemed Closed Leave to Amend Order 18 Rule 20 +1 more

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Parties

JOHN M. RUSSELL

Plaintiff

ROBERT A. MARQUES

Defendant

Procedural Posture

District Court Civil Action / Ruling on Summons to File Amended Particulars; Application for Leave to Amend

Legal Issues

  1. 1 Whether Order 20 Rule 3 of the Rules of the Supreme Court applies in the District Court
  2. 2 When pleadings are deemed to be closed in the District Court
  3. 3 Whether the plaintiff could amend particulars once without leave under Order 20 Rule 3

Ratio Decidendi

Order 20 Rule 3 applies in the District Court subject to the District Court rules governing when pleadings are deemed closed; because District Court pleadings had closed by the date the plaintiff sought to file the amended particulars the Deputy-Registrar correctly declined to accept them without leave, and leave was appropriately granted when applied for before the Judge on 18 September 1980.

Court Disposition

Deputy-Registrar properly declined to accept the amended particulars without leave; leave to amend was necessary and was granted when the plaintiff appeared before the Court on 18 September 1980.

Orders

  • Deputy-Registrar's refusal to accept the amended particulars of claim without leave is confirmed.
  • Leave to file the amended particulars of claim was granted on 18 September 1980.