25 Jan 2021
PASSION MARKETING CO LTD v. FU KA CHUN MARCO
- Citation
- [2021] HKDC 45
- Court
- District Court
- Case number
- DCCJ3388/2019
The court refused to strike out the post-termination pleas because Order 18 rule 9 permits pleading matters arising after the writ and the viability of the post-termination claim is fact-sensitive (not a plain and obvious failure). The court allowed the amendment to the writ under its broad discretion (Order 20 rule 5(1)) because the post-termination reliefs arise from the same factual matrix, no prejudice or limitation issue was shown, and the Eshelby rule, while still applicable, does not bar the amendment in these circumstances.