廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

廈門新景地集團有限公司 formerly known as 廈門市鑫新景地房地產有限公司 v. ETON PROPERTIES LTD AND OTHERS

Amendments allowed because they raise bona fide matters of assessment not bound to fail, the merits are for trial, the proposed P-Design Argument could affect the date and basis of assessment and is not unduly late such that prejudice cannot be compensated by costs; consequential expert evidence permitted on those issues with directions and timetable to be agreed and costs ordered accordingly.

Citation
[2022] HKCFI 2566
Parties
Plaintiff: Plaintiff; Defendants: 1st and 2nd Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 August 2022
Case Number
HCCL13/2011
Procedural Posture
Enforcement of Arbitral Award (common Law Action) / Interlocutory – Application for Leave to Amend Pleadings and Applications for Directions on Expert Evidence Ahead of Trial on Quantum Scheduled for September 2023
Outcome
Application to amend granted; leave granted for expert evidence on issues in amended pleading; parties to agree timetable and submit draft orders; costs ordered as set; orders nisi to be made absolute unless varied within 14 days.
Legal Topics
Enforcement of Arbitral Award, Amendment of Pleadings, Expert Evidence, Assessment of Damages, Date of Assessment, Counterfactual Damages
Source Language
EN
Arbitration Enforcement Contract Law Civil Procedure Remedies (equitable Compensation) Enforcement of Arbitral Award Amendment of Pleadings Expert Evidence Assessment of Damages +2 more

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Parties

Plaintiff

Plaintiff

1st and 2nd Defendants

Defendants

Procedural Posture

Enforcement of Arbitral Award (common Law Action) / Interlocutory – Application for Leave to Amend Pleadings and Applications for Directions on Expert Evidence Ahead of Trial on Quantum Scheduled for September 2023

Legal Issues

  1. 1 Whether leave to amend Statement in Response to plead the P-Design Argument should be granted
  2. 2 Whether the proposed amendments are bound to fail or disclose no reasonable defence
  3. 3 Whether delay in commencing arbitration affects date of assessment of loss

Ratio Decidendi

Amendments allowed because they raise bona fide matters of assessment not bound to fail, the merits are for trial, the proposed P-Design Argument could affect the date and basis of assessment and is not unduly late such that prejudice cannot be compensated by costs; consequential expert evidence permitted on those issues with directions and timetable to be agreed and costs ordered accordingly.

Court Disposition

Application to amend granted; leave granted for expert evidence on issues in amended pleading; parties to agree timetable and submit draft orders; costs ordered as set; orders nisi to be made absolute unless varied within 14 days.

Orders

  • Amendments to paragraph 32A(5) and 32B of the Statement in Response allowed and leave granted to file Amended Statement of Response
  • Leave granted for separate experts to be called on subjects and questions identified in the parties' summonses and for expert reports to be prepared and filed in accordance with court directions