TANG YING LOI v. TANG YING IP ALIAS TANG YING YIP AND OTHERS

TANG YING LOI v. TANG YING IP ALIAS TANG YING YIP AND OTHERS

Leave to amend was granted in part because the proposed amendments either raised indisputable facts or matters directly connected to the principal heads of complaint and could be addressed within the available time; peripheral or remote transactions were refused where allowing them at this late stage would unfairly prejudice the defendants and risk the trial timetable; specific exclusions of certain paragraphs and figures were ordered.

Citation
TANG YING LOI v. TANG YING IP ALIAS TANG YING YIP AND OTHERS
Parties
Applicant: Plaintiff; Respondents: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
27 August 2014
Case Number
HCA2487/2009
Procedural Posture
Civil Amendment of Pleadings / Trust and Property Dispute / Pre Trial Review
Outcome
Leave to amend granted in part and refused in part
Legal Topics
Amendment of Pleadings, Leave to Amend, Trial Scheduling, Fund Flow, Mortgage, Property Shares
Source Language
EN
Civil Procedure Equity Trusts Property Law Amendment of Pleadings Leave to Amend Trial Scheduling Fund Flow +2 more

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Parties

Plaintiff

Applicant

Defendants

Respondents

Procedural Posture

Civil Amendment of Pleadings / Trust and Property Dispute / Pre Trial Review

Legal Issues

  1. 1 Whether leave should be granted to amend pleadings at a late stage
  2. 2 Whether the proposed amendments raise proper and relevant allegations
  3. 3 Whether allowing amendments would unfairly prejudice the defendants and jeopardise trial dates

Ratio Decidendi

Leave to amend was granted in part because the proposed amendments either raised indisputable facts or matters directly connected to the principal heads of complaint and could be addressed within the available time; peripheral or remote transactions were refused where allowing them at this late stage would unfairly prejudice the defendants and risk the trial timetable; specific exclusions of certain paragraphs and figures were ordered.

Court Disposition

Leave to amend granted in part and refused in part

Orders

  • Grant leave to plaintiff to amend the Statement of Claim as per the draft attached to the summons, save that paragraphs 15B, 15J and 15O shall be further amended as indicated in submissions
  • Grant leave to plaintiff to re-amend the Reply as per the draft in the pre-trial review bundle, except paragraphs 7E to 7J, the reference to HK$4,667,535.60 on the second line of paragraph 7K and in sub-paragraph (g) of paragraph 7K, and sub-paragraphs (h) and (i) of paragraph 7K (those provisions not allowed)