21 Feb 2018
TAO, SOH NGUN v. HSBC INTERNATIONAL TRUSTEE LTD
- Citation
- [2018] HKCFI 380
- Court
- Court of First Instance
- Case number
- HCA3246/2016
The Amendment Application was dismissed because the proposed post-writ letters and associated allegations each constituted separate causes of action that arose after the writ and thus could not be introduced into the pleading in the face of opposition, applying the Eshelby rule as explained in Wing Siu; the Split Trial Application was allowed because there was a clear demarcation between liability and quantum, significant expert evidence on quantum, risk of trial overrun, and fairness given the plaintiff's age made it just and convenient to try liability first.