Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Particulars and pleading sufficiency

Legal area

Court

7 Apr 2021

CHAU YUET CHING BRENDA v. CHAN BO MAN WILLIAM AND OTHERS

Citation

[2021] HKCFI 640
Court

Court of First Instance
Case number

HCA652/2017

The August 2016 oral agreement was not a binding contract for want of certainty and was at best an agreement to agree; the MKU, SY and related construction claims are unsustainable on the pleaded facts, inconsistent and unsupported by performance or particulars and amount to an abuse of process; the Pink Diamond transfers were not shown to have been made with intent to defraud creditors nor were the claimants prejudiced; accordingly the pleaded paragraphs 80, 82(d), 82(e) and 83 and related prayers are struck out, the counterclaim against Pink Diamond is dismissed and the HK$24,000,000 paid i…
11 Jul 2008

LIAO FU PIN AND ANOTHER v. AD-MAGNETICS CO LTD AND ANOTHER

Citation

LIAO FU PIN AND ANOTHER v. AD-MAGNETICS CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA1778/2006

The Court held the proposed amendments were arguable and should be allowed subject to a clarification that paragraph 6(a) alleges reproduction only by the 1st Defendant; the changes did not constitute an improper withdrawal of admission; pleas about issuing to the public and authorization and of the 2nd Defendant's knowledge were sufficiently pleaded on the available circumstantial evidence and inferences and could be explored by discovery; appeal otherwise dismissed and costs awarded to Plaintiffs.