23 Sept 2020
CHENG HUNG KIT AND OTHERS v. TASTY CATERING GROUP LTD AND OTHERS
- Citation
- [2020] HKCFI 2477
- Court
- Court of First Instance
- Case number
- HCA1137/2011
The counterclaim as against the 13th defendant (JJ) is struck out because no relief was pleaded against him and the proposed amendments to add him are an abuse of process (a separate action already exists, no new loss identified, and duress does not support damages absent an actionable tort). The Amendment Summons to introduce a new cause of action impugning the August 2011 EGM is dismissed because the cause accrued after the date of the writ and does not satisfy Limitation Ordinance s35(6) and Order 20 requirements, and is therefore time‑barred and not properly introduced by amendment.