FASTWAY (H.K.) INVESTMENT LTD v. WING BO MOTOR CO

FASTWAY (H.K.) INVESTMENT LTD v. WING BO MOTOR CO

The re-amendment was allowed because the proposed changes were necessary to clarify ambiguous meanings in the June version (notably the relationship between Houses 45-48 and the Premises), the deleted paragraphs did not constitute withdrawal of an admission and the amendments caused no prejudice to the plaintiff; therefore the application to re-amend should be granted.

Citation
FASTWAY (H.K.) INVESTMENT LTD v. WING BO MOTOR CO
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 December 2011
Case Number
DCCJ3507/2008
Procedural Posture
Civil Amendment Application to Defence and Counterclaim / Interlocutory / Pre Trial Application
Outcome
Application to re-amend the amended defence and counterclaim allowed.
Legal Topics
Amendment of Pleadings, Adverse Possession, Tenancy, Pleading Clarity
Source Language
EN
Civil Procedure Property Law Landlord and Tenant Amendment of Pleadings Adverse Possession Tenancy Pleading Clarity

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Amendment Application to Defence and Counterclaim / Interlocutory / Pre Trial Application

Legal Issues

  1. 1 Whether the defendant should be permitted to re-amend the amended defence and counterclaim to clarify the relationship between named houses and the premises
  2. 2 Whether omission of paragraphs from the June version constitutes a withdrawal of an admission
  3. 3 Whether the proposed deletions and amendments cause prejudice to the plaintiff

Ratio Decidendi

The re-amendment was allowed because the proposed changes were necessary to clarify ambiguous meanings in the June version (notably the relationship between Houses 45-48 and the Premises), the deleted paragraphs did not constitute withdrawal of an admission and the amendments caused no prejudice to the plaintiff; therefore the application to re-amend should be granted.

Court Disposition

Application to re-amend the amended defence and counterclaim allowed.

Orders

  • Application to re-amend the amended defence and counterclaim allowed; order in terms of the summons.