Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amendment of list of objections

Legal area

Court

9 Nov 2010

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. GOLD GLOBAL LTD AND OTHERS
Court

Court of Appeal
Case number

CACV351/2008

The applications to amend were dismissed: the Taiwan conviction and judgment were inadmissible for the purposes sought under the Hollington principle as applied in Hong Kong (not displaced by O'Brien), waiver/estoppel arguments failed, the Court of Appeal costs orders were clear and not ambiguous or slipped, and the applications were unreasonably late; accordingly leave to amend was refused and costs awarded to the 4th Defendant.
9 Nov 2010

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS

Citation

PACIFIC ELECTRIC WIRE & CABLE CO LTD v. HARMUTTY LTD AND OTHERS
Court

Court of Appeal
Case number

CACV212/2008

The court held that the Taiwan conviction and judgment are inadmissible and irrelevant for the purpose of taxation of costs under the authority of Hollington v Hewthorn as applied in Hong Kong; OBrien did not displace that principle in the circumstances; waiver/estoppel arguments failed; the Court of Appeal costs orders were plain and entitled the 4th defendant to the costs; the Plaintiff's amendment application was both substantively unfounded and unacceptably delayed and therefore the applications to amend were dismissed and costs were awarded to the 4th defendant.