Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prejudice and trial scheduling

Legal area

Court

14 Jul 2021

YIM KOW (釋衍隆) as manager of PO LAM TONG (寶林堂) v. KONG WING HON (江榮漢) otherwise known as SIK HIN FUNG (釋衍峰) otherwise known as衍峰 otherwise known as SIK GUO LAM (釋果林)

Citation

[2021] HKDC 861
Court

District Court
Case number

DCCJ3583/2016

The summons to amend the Statement of Claim was dismissed because permitting the amendments at this late stage would prejudice the defendant by necessitating time for an amended defence and additional witness evidence and would unavoidably require vacating the imminent trial date; the plaintiff offered no exceptional circumstances to justify that prejudice and the amendments were unnecessary given the evidence already before the court.
5 Sept 2019

CREDIT ONE FINANCE LTD v. LEONG WUN HENG

Citation

[2019] HKCFI 2223
Court

Court of First Instance
Case number

HCA2917/2015

The application was largely refused because it was made very late, would materially prejudice the defendant by disrupting fixed trial dates and necessitating substantial further investigation and pleadings, and the plaintiff's explanations did not establish the exceptional circumstances required to adjourn the trial; however, limited amendments that did not raise substantively new matters and a supplemental statement from an existing witness were permitted as they caused little prejudice.