31 Dec 2019
DELCO PARTICIPATION B.V. v. CHIHO ENVIRONMENTAL GROUP LTD AND OTHERS
- Citation
- [2019] HKCFI 3136
- Court
- Court of First Instance
- Case number
- HCA2939/2016
The court held the proposed pleading of the Chern Debt amounted to a new claim within s.35 of the Limitation Ordinance; the pleaded 2010 Agreement and alleged Convention did not establish a contractual or equitable set-off escaping s.35; Delco had a reasonably arguable limitation defence which would be prejudiced by allowing the amendment; the Chern Debt did not arise out of the same or substantially the same facts as the previously pleaded Fang and HKM debts under Order 20 rule 5; accordingly the opposed amendments to plead the Chern Debt were disallowed (other unopposed amendments allowed).