CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

CHOW LILY v. CHOW WAI WAI VIOLET AND ANOTHER

The court granted leave to amend because the delay alone, without evidence of real prejudice, did not justify refusal; the trial being over 18 months away meant parties had time to prepare, the defendants failed to show the undue influence claim was bound to fail as a matter of law, and procedural safeguards and...

Source-derived case information.

Citation
[2024] HKCFI 3027
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
30 October 2024
Case Number
HCAP22/2019
Procedural Posture
Civil Will/probate (challenge to Validity of 2015 Will) / Interlocutory Application for Leave to Amend Pleadings (pre Trial)
Outcome
Application for leave to amend granted
Legal Topics
Amendment of Pleadings, Undue Influence, Delay, Prejudice, Nisi Directions
Source Language
en
Civil Procedure Wills and Probate Evidence Costs Case Management Amendment of Pleadings Undue Influence Delay +2 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Civil Will/probate (challenge to Validity of 2015 Will) / Interlocutory Application for Leave to Amend Pleadings (pre Trial)

Legal Issues

  1. 1 Whether leave should be granted to amend the Statement of Claim to add a claim of undue influence
  2. 2 Whether the delay in applying to amend is inexcusable and justifies refusal
  3. 3 Whether the defendants will suffer real and irremediable prejudice if amendment is allowed

Ratio Decidendi

The court granted leave to amend because the delay alone, without evidence of real prejudice, did not justify refusal; the trial being over 18 months away meant parties had time to prepare, the defendants failed to show the undue influence claim was bound to fail as a matter of law, and procedural safeguards and directions (including limits on cross-examination time and consequential directions) were imposed to manage any prejudice.

Court Disposition

Application for leave to amend granted

Orders

  • Leave granted to plaintiff to amend Re-Re-Amended Statement of Claim as per draft annexed to the Summons
  • Plaintiff to file and serve Re-Re-Re-Amended Statement of Claim within 7 days