Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Order 12 r8a dismissal
  • 22 Aug 2016

    SKECHERS SARL v. ETERNITY INT’L FREIGHT FORWARDER (HK) LTD AND OTHERS

    Citation
    SKECHERS SARL v. ETERNITY INT’L FREIGHT FORWARDER (HK) LTD AND OTHERS
    Court
    Court of First Instance
    Case number
    HCCL5/2015

    The Amended Statement of Claim disclosed an arguable cause of action based on oral agreements evidenced by course of dealings and the bills; the proposed assignments were sufficiently pleaded to permit amendment and joinder of the 2nd–20th plaintiffs and the validity of assignments is for trial or particulars, not strike-out; Eternity's O12 r8A dismissal application failed because its affidavit did not state an intention to contest; accordingly the strike-out and dismissal applications were dismissed and leave to re-amend and join was granted, with costs orders.