Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amendment of pleadings (order 20)

Legal area

Court

16 Mar 2022

CHOW MAN v. WANG HONG CHUN AND ANOTHER

Citation

[2022] HKCFI 746
Court

Court of First Instance
Case number

HCA1458/2020

Plaintiff failed to demonstrate a good arguable case under Order 11(1)(e): evidence did not show trading activities vis‑à‑vis defendant conducted from Hong Kong, no express or implied agreement that repayment was to occur in Hong Kong and insufficient evidence that plaintiff's place of business was Hong Kong; therefore Hong Kong is not shown to be the appropriate forum and leave to serve the amended statement of claim out of jurisdiction is refused.
10 Feb 2021

TTI GLOBAL RESOURCES HONG KONG LTD v. HONGKONG MYPHONE TECHNOLOGY CO LTD AND OTHERS

Citation

[2021] HKCFI 306
Court

Court of First Instance
Case number

HCA1053/2019

Amendment of pleadings was allowed; the defendants failed to raise credible, believable evidence of bona fide purchaser for value or change of position when tested against the incontrovertible background; the currency matching arrangements were unlawful under Mainland law (accepting YR Law Firm opinion and rejecting Sincere Partners' narrow construction); accordingly summary judgment was entered for the plaintiff against the 2nd Defendant for USD 1,602,313.32 and against the 4th Defendant for USD 181,629.32 and USD 4,370.75, and the master’s dismissal was set aside.