Hong Kong Case Law: Decisions & Judgments

Topic

Statements of truth

Legal area

Court

11 Mar 2020

JOESH OVERSEAS LTD v. LEE SAI NAM AND OTHERS

Citation

[2020] HKCFI 350
Court

Court of First Instance
Case number

HCCW302/2011

Leave to re-amend was refused because the proposed new case was materially different, lacked particulars and supporting documents, and no satisfactory explanation was given for multiple inconsistent formulations or for prior misleading statements of truth; however the amended petition was not struck out because it was not plain and obvious that it would fail and the petitioner retained locus to present an arguable claim regarding rights of use of the property.
4 Feb 2016

YANG LONG SHAN v. CHAN HAU KONG AND OTHERS

Citation

YANG LONG SHAN v. CHAN HAU KONG AND OTHERS
Court

Court of First Instance
Case number

HCA1265/2011

The court refused the proposed amendment because it sought to introduce a completely new cause of action (fraudulent misrepresentation) at a late stage as a device to avoid the clear illegality under section 24 of the Money Lenders' Ordinance; the underlying facts remained substantially unchanged, earlier pleadings and statements of truth were inconsistent with the new case, the plaintiff had not provided satisfactory explanation for the delay or new evidence under Order 58/Ladd v Marshall, and allowing the amendment would offend CJR objectives and prejudice the defendants; accordingly the ap…
29 Dec 2014

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

Citation

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS
Court

Court of First Instance
Case number

HCA51/2007

Leave to amend was granted despite inordinate and inexcusable delay because (1) prior trial admissions and witness testimony had already put parties on notice of the 'paper meetings' case, (2) allowing the amendments better defines and narrows issues for trial and secures justice, and (3) the amendments would be permitted only on strict terms and a strict timetable to avoid adjournment; costs were ordered on an indemnity basis against the applicants to compensate prejudice caused by delay.
29 Dec 2014

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LTD AND OTHERS

Citation

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LTD AND OTHERS
Court

Court of First Instance
Case number

HCA1040/2009

Despite inordinate delay, leave to amend was granted because the proposed amendments did not fundamentally alter the issues for trial given prior witness evidence that meetings were paper meetings, prejudice was manageable, and justice required the true case be pleaded; amendments were permitted on strict timetable and cost terms to mitigate prejudice.
19 Aug 2011

KINFORM LTD v. TSUI LOI AND OTHERS

Citation

KINFORM LTD v. TSUI LOI AND OTHERS
Court

District Court
Case number

DCMP947/2011

The court found the 1st and 3rd defendants guilty of contempt for making false statements verified by statements of truth which interfered with the administration of justice; having regard to perjury authorities, the seriousness of premeditation, personal circumstances and indemnity costs, the appropriate immediate custodial sentences were 5 months for the 1st defendant (concurrent for two proved complaints) and 6 months for the 3rd defendant; suspension was not appropriate.

Hong Kong Case Law

JOESH OVERSEAS LTD v. LEE SAI NAM AND OTHERS

YANG LONG SHAN v. CHAN HAU KONG AND OTHERS

NG KWOK PIU PHILIP AND OTHERS v. TO PUI KUI AND OTHERS

TO PUI KUI AND ANOTHER v. HULTUCKTONG COMMERCIAL & INDUSTRIAL COMPANY LTD AND OTHERS

KINFORM LTD v. TSUI LOI AND OTHERS