Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prejudice and case management

Legal area

Court

14 Oct 2024

GIANT HARVEST LTD v. NAN HAI CORPORATION LTD AND ANOTHER

Citation

[2024] HKCFI 2829
Court

Court of First Instance
Case number

HCA2560/2018

The master’s order dismissing the summons was upheld: the applications were refused because of inordinate and unexplained delay, the supplemental witness statement contained substantial new and in many parts inadmissible evidence (including opinion/speculation by a lay witness on expert matters), and allowing the applications so close to trial would cause real, irremediable prejudice that could not be compensated by costs; accordingly leave to amend pleadings, to adduce the supplemental statement and to file the additional list of documents was refused and the appeal dismissed.
10 May 2006

LAM TAM LUEN v. ASIA TELEVISION LTD

Citation

LAM TAM LUEN v. ASIA TELEVISION LTD
Court

Court of First Instance
Case number

HCPI1394/2003

The amendment was allowed because it did not change the act or omission complained of (the defendant's failure to conceal the deceased's identity) and therefore did not introduce a new cause of action; the proposed particulars merely explained why harm was foreseeable (reference to Tang's condition as evident in the broadcast), the condition was known to both parties and central to the evidence, and any prejudice to the defendant could be cured by consequential orders, so leave to amend should be granted.