3 Sept 2025
BGA HOLDINGS LTD (IN LIQUIDATION) (formerly known as BEIBU GULF OCEAN SHIPPING (GROUP) LTD ) AND OTHERS v. CHU KONG AND OTHERS
- Citation
- [2025] HKCA 807
- Court
- Court of Appeal
- Case number
- CACV546/2024
The Court of Appeal held the court may permit an amendment joining a new party on terms that the relationback rule does not operate, provided that doing so removes the prejudice that s35(3) seeks to prevent and is just and convenient (case management). Applying that principle, the joinder of the intended 12th defendant was allowed on the express term that for limitation purposes the claim against him relates back only to the date of service of the Joinder Summons, and the amended pleadings must expressly record that term.