16 Dec 2016
ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD
- Citation
- ALLEN & OVERY (A FIRM) AND ANOTHER v. BEIJING TONG GANG DA SHENG TRADE CO LTD
- Court
- Court of Final Appeal
- Case number
- FACV2/2016
The court held that substitution or joinder of a party after the limitation period constitutes a "new claim" under s35 and is subject to s35 and the rules of court; GBRE was a new party at the time of the joinder application because it had ceased to be a party and the purported assignment to the plaintiff was champertous and ineffective; Order 20 r 5(3) did not apply because the applicant's error was one of legal rights (validity of assignment), not a mistake of name or identity, therefore the joinder could not be permitted and the refusal to allow the amendment was correct.