27 Feb 2025
BUILD KING CONSTRUCTION LTD formerly known as KADEN CONSTRUCTION LTD v. SAM WOO BORE PILE FOUNDATION LTD AND ANOTHER
- Citation
- [2025] HKCFI 894
- Court
- Court of First Instance
- Case number
- HCCT4/2023
The application to re-amend was dismissed because the bulk of the proposed new cause of action was prima facie statute-barred and fact‑sensitive (continuing breach disputed) such that it could not properly be decided on interlocutory amendment; the abatement of price defence (not caught by limitation) lacked adequate particularisation and the proposed counterclaim quantum was speculative, therefore the overall amendment application failed and must be refused, with leave to bring a fresh properly particularised application or new proceedings.