Hong Kong Case Law: Decisions & Judgments

12 Apr 2006

KEEN LLOYD ENERGY LTD. v. BANK OF CHINA (HONG KONG) LTD.

Citation: KEEN LLOYD ENERGY LTD. v. BANK OF CHINA (HONG KONG) LTD.
Court: Court of First Instance
Case number: HCA1299/2004

Leave to amend was set aside because the amendments introduced new causes of action (a second misrepresentation and a contract) that were time-barred on the date of the summons to amend and the plaintiff failed to demonstrate that the defendant had no reasonably arguable limitation defence or that the amendments satisfied s35(5)/(6) and O.20 r.5(5); additionally the amended pleadings disclosed no reasonable cause of action (representations were mere promises and the contract was inadequately pleaded), so the amended writ and statement of claim were struck out and the original writ and indorse…

Amendment of pleadings
Limitation periods and deeming provisions
Fraudulent/negligent misrepresentation
Order 20 r 5
Section 35 limitation ordinance
Strike out for no reasonable cause of action

Hong Kong Case Law

BEIJING TONG GANG DA SHENG TRADE CO LTD v. ALLEN & OVERY (a firm) AND ANOTHER

KEEN LLOYD ENERGY LTD. v. BANK OF CHINA (HONG KONG) LTD.