Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Abandonment and revival of claims

Legal area

Court

18 Mar 1985

WOOMERA CO. LTD. AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD.

Citation

WOOMERA CO. LTD. AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD.
Court

Court of Appeal
Case number

CACV29/1985

Clause 16 is permissive and affords an alternative contractual remedy but does not, as a matter of construction, exclude common law damages; the court has discretion under R.S.C. Order 20 r.8 to allow the defendants to re-re-amend their counterclaim and Liu J.'s grant of leave was a proper exercise of that discretion and is therefore affirmed.
13 Feb 1985

WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD

Citation

WOOMERA CO LTD AND ANOTHER v. PROVIDENT CENTRE DEVELOPMENT LTD
Court

Court of First Instance
Case number

HCA12647/1982

The court exercised its discretion to permit the defendant to amend the Counterclaim to revive the abandoned common law damages claim because (1) Clause 16's construction and whether it excludes common law damages was a difficult and significant point warranting fuller argument, (2) the defendant's restoration would not cause material prejudice or unavailable witnesses, and (3) leave to amend is generally granted absent material prejudice; accordingly leave to amend was granted with directions regarding service and costs.