4 Feb 2016
YANG LONG SHAN v. CHAN HAU KONG AND OTHERS
- Citation
- YANG LONG SHAN v. CHAN HAU KONG AND OTHERS
- Court
- Court of First Instance
- Case number
- HCA1265/2011
The court refused the proposed amendment because it sought to introduce a completely new cause of action (fraudulent misrepresentation) at a late stage as a device to avoid the clear illegality under section 24 of the Money Lenders' Ordinance; the underlying facts remained substantially unchanged, earlier pleadings and statements of truth were inconsistent with the new case, the plaintiff had not provided satisfactory explanation for the delay or new evidence under Order 58/Ladd v Marshall, and allowing the amendment would offend CJR objectives and prejudice the defendants; accordingly the ap…