11 Nov 2014
EAA SECURITIES LTD v. FATTYDAD ALICE PUI YAN, THE ADMINISTRATRIX OF THE ESTATE OF FATTYDAD HENRY, DECEASED
- Citation
- EAA SECURITIES LTD v. FATTYDAD ALICE PUI YAN, THE ADMINISTRATRIX OF THE ESTATE OF FATTYDAD HENRY, DECEASED
- Court
- Court of Appeal
- Case number
- CACV205/2013
The judge correctly exercised his discretion to refuse the very late amendment because the contractual claim for identical shares would have arisen at the time of the original wrongful disposal and was time barred; allowing the amendment would unfairly prejudice the plaintiff and the appellate court will not interfere with that discretionary decision. Consequently prayers (A) and (C) were properly struck out and the costs order was partially varied to relate only to the counterclaim, the aborted trial (except first day) and the amendments.