TANG POON LAP v. TANG KAM KAI & OTHERS

TANG POON LAP v. TANG KAM KAI & OTHERS

The proposed re-amendments were disallowed because they were brought late, lacked necessary particulars and supporting material for the novel contentions (business tong character and absolute unfettered managerial discretion), contradicted existing pleaded admissions, and would cause undue prejudice and likely delay to the plaintiff; limited leave was granted only for paragraphs 2(b), 8 and 9 of the draft re-amended defence.

Citation
TANG POON LAP v. TANG KAM KAI & OTHERS
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 December 2003
Case Number
HCA761/1996
Procedural Posture
Civil (land/membership Dispute Under New Territories Ordinance) / Pre Trial: Application to Re Amend Amended Defence (trial Due 23 February 2004)
Outcome
Application to re-amend amended defence disallowed except for limited leave to re-amend as to paragraphs 2(b), 8 and 9 of the draft re-amended defence; costs ordered nisi against the Defendants to the Plaintiff.
Legal Topics
Amendment of Pleadings, Membership Rights in Customary Associations, Discretion of Managers, Particulars and Evidence Requirements
Source Language
EN
Civil Procedure Property Law Customary Law Trusts and Associations Amendment of Pleadings Membership Rights in Customary Associations Discretion of Managers Particulars and Evidence Requirements

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Civil (land/membership Dispute Under New Territories Ordinance) / Pre Trial: Application to Re Amend Amended Defence (trial Due 23 February 2004)

Legal Issues

  1. 1 Whether the defendants should be permitted to re-amend their amended defence at a late stage before trial
  2. 2 Whether the community is properly characterised as a 'business tong' rather than a traditional tso/tong and the consequences of that characterisation
  3. 3 Whether registered managers possess an absolute or unfettered discretion to admit members

Ratio Decidendi

The proposed re-amendments were disallowed because they were brought late, lacked necessary particulars and supporting material for the novel contentions (business tong character and absolute unfettered managerial discretion), contradicted existing pleaded admissions, and would cause undue prejudice and likely delay to the plaintiff; limited leave was granted only for paragraphs 2(b), 8 and 9 of the draft re-amended defence.

Court Disposition

Application to re-amend amended defence disallowed except for limited leave to re-amend as to paragraphs 2(b), 8 and 9 of the draft re-amended defence; costs ordered nisi against the Defendants to the Plaintiff.

Orders

  • Leave to re-amend granted only as to paragraphs 2(b), 8 and 9 of the draft re-amended defence
  • All other proposed amendments disallowed