14 Dec 2018
CHOW KAM HUNG v. HOI KONG IRONWARES GODOWN CO LTD
- Citation
- [2018] HKCFI 2671
- Court
- Court of First Instance
- Case number
- HCA621/2012
No clear and unambiguous admissions were established on the pleadings as to the status of the Land; even if some averments could be construed as admissions, the court would exercise its discretion to allow the defendants to amend because the applications were made in good faith, there was no evidence of strategic manipulation, the prejudice to defendants of being frozen to pleaded positions outweighed any prejudice to the plaintiff, and no trial date had been fixed. Accordingly the Registrar's allowance of the amendment applications was upheld and the appeals dismissed.