Hong Kong Case Law: Decisions & Judgments

Topic

Amendment of defence and counterclaim

Legal area

Court

20 Aug 2019

UPPLAN CO LTD v. LI HO MING AND ANOTHER

Citation

[2019] HKCFI 2273
Court

Court of First Instance
Case number

HCA1915/2009

Costs of the 8 May 2019 summons and a certificate for two counsel were awarded to the defendants because the challenge to Upplan's authority was raised at the outset, Upplan remedied the deficiency only after the summons, there was no adequate reason to find prejudice, and the contested amendments (estoppel and business cessation pleas) were permissible as legal issues or simple factual matters addressable by supplemental evidence.
15 Dec 2016

LEUNG KWONG KUEN v. CHAN PO WING

Citation

LEUNG KWONG KUEN v. CHAN PO WING
Court

Court of First Instance
Case number

HCA1177/2012

Leave to amend was granted subject to a limited revision removing references that deny the dropped statement of claim and deleting unnecessary paragraphs; the counterclaim can proceed under Order 15 r 2(3); costs allocation: costs of and incidental to the amendments to be borne by D2 and D3, costs of the hearing and the summons to revive to be borne by Chan Po-wing with specified summary assessed amounts.
24 Apr 2014

HAU KWAI CHOI AND ANOTHER v. HAU WAI KEUNG

Citation

HAU KWAI CHOI AND ANOTHER v. HAU WAI KEUNG
Court

District Court
Case number

DCCJ4285/2012

The judge refused leave to appeal because the defendant failed to demonstrate that the appeal had a reasonable prospect of success or any other reason in the interests of justice under DCO s63A(2); the judge found she had adequately considered the circumstances. The judge nevertheless granted a temporary stay and adjournment of the trial with liberty to restore and conditions (undertaking to prosecute the leave application expeditiously) because there existed an arguable point regarding an additional witness that could render the appeal nugatory if the trial proceeded without adjournment.
17 Jul 2000

LOW TUCK KWONG AND OTHERS v. DYNASTY LINE LTD.

Citation

LOW TUCK KWONG AND OTHERS v. DYNASTY LINE LTD.
Court

Court of First Instance
Case number

HCA9505/1999

The court exercised its discretion to allow the re-amendments generally but disallowed specific subparagraphs as prejudicial or inappropriate at trial commencement, permitted a quantum amendment only on condition that the quantum issue be tried separately if necessary, and ordered costs to the Plaintiffs for the application including wasted and consequential costs.

Hong Kong Case Law

UPPLAN CO LTD v. LI HO MING AND ANOTHER

LEUNG KWONG KUEN v. CHAN PO WING

HAU KWAI CHOI AND ANOTHER v. HAU WAI KEUNG

LOW TUCK KWONG AND OTHERS v. DYNASTY LINE LTD.