9 Nov 2021
ASIA-PAC INFRASTRUCTURE DEVELOPMENT LTD AND OTHERS v. SHEARMAN & STERLING (a firm) AND OTHERS
- Citation
- [2021] HKCFI 3381
- Court
- Court of First Instance
- Case number
- HCA806/2006
The court exercised its discretion to refuse the proposed reinstatement of P2–P4 claims because allowing the amendment would constitute an abuse of process per Henderson v Henderson, would undermine the finality of the preliminary-issue judgment which found the Assignments champertous and engineered to evade security for costs, and the amendment application should have been made before the trial; limited factual and documentary amendments relevant to P1 were allowed, while claims and amendments that sought to resurrect assigned causes or recover repayment of USD14 million were disallowed.