WANG HO YIN PATRICK v. FU CHUN LUNG AND ANOTHER

WANG HO YIN PATRICK v. FU CHUN LUNG AND ANOTHER

Application refused because the proposed amended defence and counterclaim introduced new facts and assertions which would prejudice the plaintiff, permit further pleadings and evidence, and derail the trial; delay and the stage after setting down reinforced refusal despite change of solicitors.

Citation
WANG HO YIN PATRICK v. FU CHUN LUNG AND ANOTHER
Parties
Plaintiff: Wang Ho Yin Patrick; 1st Defendant: Fu Chun Lung; 2nd Defendant: Lai Siu Wai Louis
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
22 July 2016
Case Number
DCCJ4814/2014
Procedural Posture
Civil Action / Interlocutory Application to Amend Defence and Counterclaim After Case Was Set Down for Trial
Outcome
2nd defendant's summons dismissed with costs
Legal Topics
Amendment of Defence, Counterclaim, Delay and Prejudice, Setting Down for Trial, Practice Direction 5.2
Source Language
EN
Civil Procedure Pleadings Costs Amendment of Defence Counterclaim Delay and Prejudice Setting Down for Trial Practice Direction 5.2

Case Brief

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Parties

Wang Ho Yin Patrick

Plaintiff

Fu Chun Lung

1st Defendant

Lai Siu Wai Louis

2nd Defendant

Procedural Posture

Civil Action / Interlocutory Application to Amend Defence and Counterclaim After Case Was Set Down for Trial

Legal Issues

  1. 1 Whether leave should be granted to amend the defence and counterclaim after the action was set down for trial
  2. 2 Whether delay alone justifies dismissal of a late application to amend
  3. 3 Whether the proposed amendments introduce new facts causing prejudice and derail the trial

Ratio Decidendi

Application refused because the proposed amended defence and counterclaim introduced new facts and assertions which would prejudice the plaintiff, permit further pleadings and evidence, and derail the trial; delay and the stage after setting down reinforced refusal despite change of solicitors.

Court Disposition

2nd defendant's summons dismissed with costs

Orders

  • 2nd defendant's summons dismissed with costs