10 Oct 2024
LAU KWOK HUNG (AS THE ADMINISTRATOR OF THE ESTATE OF LAU WO alias LAU YICK WO, THE DECEASED) v. WH AH JEE AND ANOTHER
- Citation
- [2024] HKCFI 2733
- Court
- Court of First Instance
- Case number
- HCA1071/2022
The court held the theft averment in paragraph 24 was not plainly irrelevant or bound to fail because damages for trespass can encompass trespass to goods and conversion; particulars could be provided (police report exists) and evidential criticisms did not justify striking out at interlocutory stage. Consequently the Master’s orders striking out the theft allegation and refusing leave to include the police‑report allegation were set aside and leave to amend was granted to include the Proposed Amended Defence and Counterclaim in full, with directions for a draft order and costs assessment.