SHIH MEI LING formerly known as SHIH MEI LING v. SHIH MEI KEI

SHIH MEI LING formerly known as SHIH MEI LING v. SHIH MEI KEI

Although the proposed amendments constituted a fundamental and inconsistent change from the pleaded and verified case and the Statement of Truth should not have been verified, the court exercised its discretion to allow the amendments because the proceedings were at an early stage, refusal would waste resources by forcing fresh litigation, and adequate redress could be achieved by ordering the plaintiff to pay the defendant's costs (including costs thrown away) on an indemnity basis and other consolidated costs orders.

Citation
[2021] HKCFI 2964
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 October 2021
Case Number
HCA797/2018
Procedural Posture
Civil Property/constructive Trust / Appeal (fresh Hearing)
Outcome
Appeal allowed; leave to amend granted; Voluntary Particulars expunged; costs ordered against plaintiff
Legal Topics
Common Intention Constructive Trust, Amendment of Pleadings, Statement of Truth, Expunging Particulars, Costs Orders
Source Language
EN
Equity Trusts Property Law Civil Procedure Costs Common Intention Constructive Trust Amendment of Pleadings Statement of Truth +2 more

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 4 Authorities cited 11 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Property/constructive Trust / Appeal (fresh Hearing)

Legal Issues

  1. 1 Whether the plaintiff should be granted leave to amend the statement of claim given a prior Statement of Truth
  2. 2 Whether the plaintiff's Voluntary Further and Better Particulars should be expunged
  3. 3 Whether the amendments constitute a fundamental change of case and the adequacy of explanation for that change

Ratio Decidendi

Although the proposed amendments constituted a fundamental and inconsistent change from the pleaded and verified case and the Statement of Truth should not have been verified, the court exercised its discretion to allow the amendments because the proceedings were at an early stage, refusal would waste resources by forcing fresh litigation, and adequate redress could be achieved by ordering the plaintiff to pay the defendant's costs (including costs thrown away) on an indemnity basis and other consolidated costs orders.

Court Disposition

Appeal allowed; leave to amend granted; Voluntary Particulars expunged; costs ordered against plaintiff

Orders

  • Allow appeal and grant leave to amend in terms of the Draft Amended Statement of Claim (as per Plaintiff's summons dated 15 September 2020)
  • Expunge the Plaintiff's Voluntary Further and Better Particulars filed on 20 August 2018