23 Dec 2011
SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER
- Citation
- SUN FOCUS INVESTMENT LTD v. TANG SHING BOR AND ANOTHER
- Court
- Court of Appeal
- Case number
- CACV82/2011
The judge erred in granting leave to amend without properly addressing the operation of the relation back rule (s.35(1) Limitation Ordinance) which would deem the new claims commenced on the original writ date and thus potentially deprive defendants of a limitation defence; the Court of Appeal set aside the grant of leave, remitted the amendment summons to the Court of First Instance for determination in light of this judgment and directed that the plaintiff's reliance on s.26 be tried as an issue in the amendment summons.