14 Jan 2022
AFH HONG KONG STORES, LTD v. FULTON CORPORATION LTD
- Citation
- [2022] HKCFI 134
- Court
- Court of First Instance
- Case number
- HCA2103/2017
The court held it was not functus officio in relation to Fulton’s application because the proposed amendments to the counterclaim did not affect the three questions of law decided by the earlier Order 14A judgment; the amendments were confined, necessary to correct the pleading in light of the Notice of Appeal and to provide updated particulars, and constituted an exceptional case warranting leave to amend. Accordingly the application was granted in the terms sought and costs were ordered as assessed.