31 Dec 2013
SZE CHING LOK AND OTHERS v. CHINA RESOURCES POWER HOLDINGS COMPANY LTD
- Citation
- SZE CHING LOK AND OTHERS v. CHINA RESOURCES POWER HOLDINGS COMPANY LTD
- Court
- Court of First Instance
- Case number
- HCMP1655/2013
The court found that the 1st applicant's 2nd affirmation contained several new complaints and factual matters (including alleged prepayments, additional loan undertakings, Datong default claims, production delay losses, irregularities in permit renewals and alleged overpayment figures) that were not pleaded in the originating summons or draft statement of claim; such matters could not be admitted as evidence in reply because they would unfairly ambush the respondent, and accordingly the respondent's application to expunge the contested paragraph(s) was allowed.