23 Jun 2015
SNE ENGINEERING CO LTD v. HSIN CHONG CONSTRUCTION COMPANY LTD AND ANOTHER
- Citation
- SNE ENGINEERING CO LTD v. HSIN CHONG CONSTRUCTION COMPANY LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA1466/2012
The court held it had no jurisdiction to recall or vary the Amendment Order once leave to amend was given and acted upon (finality/functus officio), and even if jurisdiction existed the application to vary would be refused on discretionary grounds because the amendment was made in response to evidence adduced by the plaintiff at trial, the alleged misrepresentation was not shown to be deliberate or causative, the defendants acted reasonably, the obviousness issue did not significantly increase trial length or costs, and overall justice required costs to follow the event: the costs order nisi…