16 Sept 2004
GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
- Citation
- GUANGZHOU GREEN-ENHAN BIO-ENGINEERING CO LTD AND ANOTHER v. GREEN POWER HEALTH PRODUCTS INTERNATIONAL CO LTD AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA2802/2003
The court refused leave to amend because the application was made late without adequate excuse, the defendants had chosen earlier to confine their challenge to PRC law despite knowledge of the PRC judgment, and granting the amendment would cause unfair prejudice and delay to the plaintiffs that could not be compensated by costs; although the offensive part of the covenant may be severable in principle, that fact did not justify allowing a late amendment where prejudice and delay dominated the discretionary balance.