29 Nov 2023
CHOI WAI KWONG v. CHOI WAI KEUNG
- Citation
- [2023] HKDC 1662
- Court
- District Court
- Case number
- DCCJ6076/2019
The learned Master’s order striking out parts of the Amended Defence was set aside because the defendant had pleaded sufficient factual material to make his mistake/rectification and trust defences arguable at trial; those matters were not plain and obvious no‑cause defences warranting strike out. The proposed re-amendment was dismissed because it perpetuated an irregular standalone Counterclaim, contained contradictory and embarrassing allegations (including unparticularised fraud), and thus should not be allowed.