7 Dec 1981
CHEONG KAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
- Citation
- CHEONG KAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
- Court
- Court of First Instance
- Case number
- HCA134/1979
Order 20 r.5(2) and (4) authorise amendment outside the limitation period to alter the capacity in which the plaintiff sues provided the capacity is one in which he might have sued at the date of issue of the writ; because the plaintiff could have sued as a dependant under the FAO on the date of the writ, the Court must allow the amendment and treat the defect as cured ab initio, therefore the appeal is allowed and the Registrar's order striking out is reversed (but O.20 r.5 does not permit curing a writ where the plaintiff genuinely lacked capacity at the date to sue as administrator).