17 Jun 2022
TASTY CATERING GROUP LTD AND ANOTHER v. CHENG HUNG KIT AND OTHERS
- Citation
- [2022] HKCA 853
- Court
- Court of Appeal
- Case number
- CACV573/2020
Leave to appeal was refused because the questions posed were not questions of great general or public importance and were not reasonably arguable: the Eshelby principle remains a relevant consideration for post‑writ amendments; the proposed amendments against D13 did not disclose an actionable claim (no pleaded relief; duress not per se actionable and no pleaded loss); proposed amendments against D1/D2 raised post‑writ causes of action that do not arise out of the same or substantially the same facts and were time‑barred; the exceptional 'or otherwise' limb was not engaged.