6 Nov 2018
LAM YEE HUNG v. CHINACHEM CHARITABLE FOUNDATION LTD
- Citation
- [2018] HKCFI 2404
- Court
- Court of First Instance
- Case number
- HCA764/2015
The proposed restitutionary claim for mistake arises out of substantially the same facts as the pleaded oral loan claim; therefore, permitting the amendment does not unjustly deprive the defendant of a reasonably arguable limitation defence and leave to amend should be granted; the approach of allowing amendments simply because limitation is triable (Extramoney approach) is rejected.