LUEN WO LAND INVESTMENT CO LTD v. YAU WAI NAM

LUEN WO LAND INVESTMENT CO LTD v. YAU WAI NAM

The applications were dismissed because the defendant failed to justify the substantial delay (having had solicitors since 2005), the proposed amendments lacked adequate particulars, and allowing them would prejudice the plaintiff and likely require adjournment; accordingly relief was refused and costs awarded to...

Source-derived case information.

Citation
LUEN WO LAND INVESTMENT CO LTD v. YAU WAI NAM
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
7 September 2010
Case Number
DCCJ556/2005
Procedural Posture
Civil Possession/landlord and Tenant / Trial (application to Amend at Trial Commencement)
Outcome
applications dismissed
Legal Topics
Amendment of Pleadings, Late Application to Amend, Proprietary Estoppel, Particulars, Prejudice and Adjournment, Costs and Taxation
Source Language
en
Civil Procedure Landlord and Tenant Equity Legal Aid Amendment of Pleadings Late Application to Amend Proprietary Estoppel Particulars +2 more

Source-derived case record

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 Authorities cited 1 Party arguments 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Possession/landlord and Tenant / Trial (application to Amend at Trial Commencement)

Legal Issues

  1. 1 Whether a late application to amend pleadings and to file a supplemental witness statement should be permitted
  2. 2 Whether the defendant provided a satisfactory explanation for the delay
  3. 3 Whether the proposed amendments were sufficiently particularised

Ratio Decidendi

The applications were dismissed because the defendant failed to justify the substantial delay (having had solicitors since 2005), the proposed amendments lacked adequate particulars, and allowing them would prejudice the plaintiff and likely require adjournment; accordingly relief was refused and costs awarded to the plaintiff.

Court Disposition

applications dismissed

Orders

  • Defendant's applications to amend the Defence and Counterclaim and to file a supplemental witness statement dismissed
  • Costs awarded to the plaintiff with certificate for counsel; such costs to be taxed if not agreed