Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Reasonable excuse test

Legal area

Court

15 Dec 2021

CHEUNG KA FAI v. FONG CHOW WO t/a SHING CHEONG RESTAURANT AND ANOTHER

Citation

[2021] HKDC 1549
Court

District Court
Case number

DCEC859/2019

The applicant provided sufficient evidence to materially implicate Fung and showed a reasonable excuse for the 10-month delay because the alleged transfer only became apparent after the 1st respondent's pleadings and business registration records were not updated; there was no demonstrable prejudice or procedural impropriety from joinder, therefore leave to join Fung out of time was granted.
5 Apr 2017

POON CHI YAN v. JSI LOGISTICS (HONG KONG) LTD

Citation

POON CHI YAN v. JSI LOGISTICS (HONG KONG) LTD
Court

District Court
Case number

DCEC1769/2012

The three collisions were separate distinct events and thus three separate accidents; claims based on the first and second collisions are time‑barred by ECO s14(1) and the applicant failed to establish a reasonable excuse under s14(4) for the inordinate delay; admitting the amendments and the 2nd supplemental witness statement would prejudice the respondent and would not materially affect the core claim; therefore leave to amend to add the two earlier collisions and to admit the supplemental statement was refused; a limited amendment changing the time to 9:44:26 was allowed; costs ordered aga…