Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Prejudice and trial delay

Legal area

Court

5 Apr 2012

EAST SURPLUS INVESTMENT LTD v. TINCHO INDUSTRIAL CO LTD AND ANOTHER

Citation

EAST SURPLUS INVESTMENT LTD v. TINCHO INDUSTRIAL CO LTD AND ANOTHER
Court

District Court
Case number

DCCJ3417/2010

The application was refused because the 1st Defendant failed to give an acceptable explanation for the late application, sought effectively to raise an unpleaded issue contrary to the Master's order limiting the expert's remit, and permitting the further report would prejudice the Plaintiff and likely delay the trial; the court therefore properly exercised its discretion to refuse.
27 Jun 1984

TSE YUK TIN AND ANOTHER v. CHEE CHEUNG HING & CO LTD AND ANOTHER

Citation

TSE YUK TIN AND ANOTHER v. CHEE CHEUNG HING & CO LTD AND ANOTHER
Court

Court of First Instance
Case number

HCA9004/1983

Leave to withdraw an admission and amend defence made on the eve of trial will be refused unless the defendant provides a convincing credible explanation for the original error and unless the amendment would not leave the plaintiff in a worse position than at the time of the original pleading, particularly in relation to chances under section 30 Limitation Ordinance; on the facts no sufficient explanation was given and amendment would likely prejudice the plaintiff, therefore leave refused.