20 Nov 2023
CRB (a firm) v. MARK RICHARD CHARLTON SUTHERLAND
- Citation
- [2023] HKCFI 2984
- Court
- Court of First Instance
- Case number
- HCA1895/2020
Leave to amend the Defence and Counterclaim was granted in respect of particulars for negligence, breach of contract and fiduciary duty because the amendments advanced the real issues and delay alone did not justify refusal; however the new restitution claim for total failure of consideration was expunged because CRB had performed legal services and partial performance defeats total failure of consideration. The defendant's negligence counterclaim arose from the same subject matter as CRB's claim and was not so obviously untenable that summary judgment should be entered; accordingly the defen…