Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Late amendment of pleadings

Legal area

Court

30 Aug 2017

MA CHOI FUNG v. GREAT HERO DEVELOPMENT LTD t/a WELLBORN INTERNATIONAL PLAY SCHOOL

Citation

MA CHOI FUNG v. GREAT HERO DEVELOPMENT LTD t/a WELLBORN INTERNATIONAL PLAY SCHOOL
Court

Court of First Instance
Case number

HCPI713/2015

Application refused: plaintiff offered no credible explanation for significant late disclosure; the supplemental statements and documents were available earlier; admitting them would risk substantial disruption of the fixed trial timetable and prejudice the defendant that could not be cured by costs, contrary to the Order 1A objectives; proposed amendments to damages that rely on the late material are therefore disallowed.
9 Jun 2014

LPC v. CYC, THE ADMINISTRATOR OF THE ESTATE OF CHS, THE DECEASED

Citation

LPC v. CYC, THE ADMINISTRATOR OF THE ESTATE OF CHS, THE DECEASED
Court

Family Court
Case number

FCMP61/2012

Retrospective leave to file the 7th Affirmation was refused because the proposed amendment sought to introduce a new and substantial claim (that the applicant was wife under a void marriage) which, on the material facts and prior findings, could not constitute a void marriage but at best a non-marriage; the application was unacceptably late with no satisfactory explanation and would cause real prejudice to the respondent by requiring further evidence and adjournment of the fixed trial date. No exceptional circumstances existed to justify postponing trial, so the 7th Affirmation must be expung…