25 Jan 2021
FU KA CHUN MARCO v. PASSION MARKETING CO LTD AND OTHERS
- Citation
- [2021] HKDC 45
- Court
- District Court
- Case number
- DCCJ171/2020
The court refused to strike out the post‑termination pleas because the legal viability of those claims was fact‑sensitive and not plainly untenable, and held that Order 18 r9 permits pleading post‑writ matters while the Eshelby rule is not absolute; applying the court’s wide discretion under Order 20 r5(1) and Order 18 r15(2) the court granted leave to amend the writ to reflect the claims pleaded in the statement of claim.