CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

The judge exercised discretion to permit the defence to be amended because the evidence supporting the amendments was already in witness statements and parts were accepted in cross-examination, so the Plaintiffs were unlikely to suffer irreparable prejudice; amendment was refused only as to paragraph 5(b)(iii) which was unnecessary.

Citation
CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 September 2006
Case Number
HCA21228/1998
Procedural Posture
Civil Amendment of Defence / Application to Amend Defence Made on Third Day of Trial
Outcome
Leave to amend the defence granted except for paragraph 5(b)(iii) which is refused.
Legal Topics
Amendment of Defence, Leave to Amend, Irreparable Prejudice, Late Stage Amendment
Source Language
EN
Civil Procedure Pleadings Evidence Amendment of Defence Leave to Amend Irreparable Prejudice Late Stage Amendment

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
Sign in to unlock

Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Civil Amendment of Defence / Application to Amend Defence Made on Third Day of Trial

Legal Issues

  1. 1 Whether leave should be granted to amend the defence at a very late stage of the trial
  2. 2 Whether the Plaintiffs would suffer irreparable prejudice if the amendment were permitted
  3. 3 Whether parts of the proposed amendment were unnecessary or already reflected in the evidence

Ratio Decidendi

The judge exercised discretion to permit the defence to be amended because the evidence supporting the amendments was already in witness statements and parts were accepted in cross-examination, so the Plaintiffs were unlikely to suffer irreparable prejudice; amendment was refused only as to paragraph 5(b)(iii) which was unnecessary.

Court Disposition

Leave to amend the defence granted except for paragraph 5(b)(iii) which is refused.

Orders

  • Defendant granted leave to amend the defence in accordance with the summons save and except paragraph 5(b)(iii).