Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Amendment to writ

Legal area

Court

30 Oct 2018

BENCHMARK ELECTRONICS (THAILAND) PCL AND OTHERS v. CARGO CONTRAINER LINE LTD

Citation

[2018] HKCFI 2444
Court

Court of First Instance
Case number

HCAJ65/2016

The court held that the Plaintiffs had sued the correct party despite an incorrect address in the writ and that the impugned amendment did not substitute one party for another; there was no reasonable prospect of success on appeal and the application for leave to appeal was dismissed with costs to the Plaintiffs.
9 Dec 1996

WONG KAM LEE v. SHIMIZU CORPORATION and Others

Citation

WONG KAM LEE v. SHIMIZU CORPORATION and Others
Court

Court of First Instance
Case number

HCPI467/1995

Where there is a genuine factual dispute about the plaintiff's date of knowledge such that the relevant limitation period cannot be determined without viva voce evidence, the court may properly exercise its discretion under O.15 r.6(2) to allow joinder of a defendant and defer determination of limitation issues (including consideration of s.30 disapplication) by preliminary issue or at trial; moreover it is preferable to treat the action against the added defendant as commencing at the date of the amendment application in such circumstances.