25 Jun 2014
EXCEL CONCRETE LTD v. THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LTD AND OTHERS
- Citation
- EXCEL CONCRETE LTD v. THE CONCRETE PRODUCERS ASSOCIATION OF HONG KONG LTD AND OTHERS
- Court
- Court of Appeal
- Case number
- CACV233/2013
The Court dismissed the appeal: the proposed re‑amendments (paras 4 and 26(jb)) were excessive, contained evidential and argumentative material contrary to Order 18 Rule 7(1), and were not directly relevant to the contextual background for the publications so as to mitigate damages; however, a narrowly‑pleaded honest belief based on the Short‑Piling Scandal may be pleaded to rebut malice and the defendants may reapply with a properly limited draft; the costs order re para 24A and the costs nisi for the appeal were upheld/modified as ordered.