26 Jun 2012
Para 26E(vii) did not introduce a new cause of action but merely alleged a subsequent act in support of an already accrued cause of action for interference with contractual performance; therefore amendments to include para 26E(vii) and 38A are permitted, with costs and counsel certificate orders as directed.
18 Jan 2012
The appeal was allowed to set aside the judge's grant of leave to amend because the judge failed to apply the relation back rule properly; costs of the interlocutory appeal should follow the event and be taxed and paid forthwith as they are separate from costs of the remitted amendment application; a certificate for two counsel is justified for the substantive point of law raised.
23 Dec 2011
The judge erred in granting leave to amend without properly addressing the operation of the relation back rule (s.35(1) Limitation Ordinance) which would deem the new claims commenced on the original writ date and thus potentially deprive defendants of a limitation defence; the Court of Appeal set aside the grant of leave, remitted the amendment summons to the Court of First Instance for determination in light of this judgment and directed that the plaintiff's reliance on s.26 be tried as an issue in the amendment summons.
13 Apr 2011
Leave to appeal was granted because the legal question whether the amendments relate back under s35(1)(b) and thus exclude the operation of s26 is sufficiently arguable and could determine whether leave to amend should have been granted; the matter merits appellate determination and may affect limitation defences.