31 May 2019
CHAN SAU WAH AND ANOTHER v. CHAN SAU WAH AND OTHERS
- Citation
- [2019] HKCA 584
- Court
- Court of Appeal
- Case number
- CACV81/2019
Application to amend Re-Amended Defence and Counterclaim after judgment was dismissed. The defendants could not justify withdrawing an express concession made at trial or introducing a new fact-sensitive case of contractual licence after final judgment; the trial judge did not make a determinative finding that a contractual licence existed; allowing the amendment would cause prejudice and require fresh evidence; no exceptional circumstances justified reopening the case. Costs awarded to plaintiffs on party-and-party basis.