Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Leave to amend/filing out of time
  • 31 Dec 1973

    IRMCO INTERNATIONAL LTD v. TOM FLYNN

    Citation
    IRMCO INTERNATIONAL LTD v. TOM FLYNN
    Court
    District Court
    Case number
    DCCJ2695/1973

    Leave was granted to the Plaintiff to file a Defence to the Counterclaim out of time (within 7 days) because no sufficient prejudice was shown and it would facilitate final adjudication; the Plaintiff's proposed 'Counterclaim to Counterclaim' was refused because it constituted a substantive claim ('sword') rather than a permissible protective 'shield' and therefore could not be raised as a counterclaim to the counterclaim in the circumstances.