30 Apr 2010
CHEUNG YIN HEUNG v. HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER
- Citation
- CHEUNG YIN HEUNG v. HANG LUNG REAL ESTATE AGENCY LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCPI421/2009
On the evidence the court accepted plaintiff lacked actual knowledge of the identity of the cleaning contractor S Cleaning until service of the defence in late September 2009 and, applying the objective test for constructive knowledge (including allowance for her injury-related impairment), the plaintiff could not reasonably have been expected to ascertain the identity earlier; accordingly the claim against S Cleaning is within time. Alternatively, even if time-barred, disapplication of s.27 under s.30 was equitable on the facts and prejudice balance, and joinder was ordered.