LAM MABLE v. WORLD PLACE LTD AND OTHERS

LAM MABLE v. WORLD PLACE LTD AND OTHERS

Leave to amend was granted because the proposed amendments were elaborations of background facts that did not change the plaintiff's cause of action, the case was at an early procedural stage so delay did not justify refusal, any prejudice to defendants could be addressed by allowing amendment and by costs and by...

Source-derived case information.

Citation
LAM MABLE v. WORLD PLACE LTD AND OTHERS
Parties
Plaintiff: Lam Mable; 1st Defendant: World Place Limited; 2nd Defendant: Frei Alfred; 3rd Defendant: Kwok Tsui King Christine
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 April 2012
Case Number
HCA4699/2001
Procedural Posture
Civil Property/possession Dispute / Interlocutory Application to Amend Statement of Claim (decision)
Outcome
Leave to amend granted
Legal Topics
Amendment of Pleadings, Possession, Bare Trust, Summary Judgment, Delay, Abuse of Process
Source Language
en
Property Trusts and Equity Civil Procedure Amendment of Pleadings Possession Bare Trust Summary Judgment Delay +1 more

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Parties

Lam Mable

Plaintiff

World Place Limited

1st Defendant

Frei Alfred

2nd Defendant

Kwok Tsui King Christine

3rd Defendant

Procedural Posture

Civil Property/possession Dispute / Interlocutory Application to Amend Statement of Claim (decision)

Legal Issues

  1. 1 Whether to allow amendment to plead that original registered owner held as bare trustee and another was beneficial owner
  2. 2 Whether proposed amendments are mala fide or withdraw prior admissions
  3. 3 Whether delay or prejudice justifies refusal of amendment

Ratio Decidendi

Leave to amend was granted because the proposed amendments were elaborations of background facts that did not change the plaintiff's cause of action, the case was at an early procedural stage so delay did not justify refusal, any prejudice to defendants could be addressed by allowing amendment and by costs and by permitting defendants to amend their defence and seek particulars.

Court Disposition

Leave to amend granted

Orders

  • Leave granted to plaintiff to amend statement of claim in terms of the draft annexed to the summons filed 9 November 2010
  • Defendants to file and serve amended defence within 28 days from date of decision