17 Dec 2020
BMS GROUP INTERNATIONAL LTD v. JUSTIN LIM SHAO CHERM AND OTHERS
- Citation
- [2020] HKCFI 3088
- Court
- Court of First Instance
- Case number
- HCA22/2017
Although the proposed undisclosed principal cause of action is a new cause of action, it arises out of the same or substantially the same facts already pleaded in the Amended Statement of Claim; the proposed amendment is not bound to fail, no sufficient evidence of prejudice or mala fides was established by D7, Order 65 rule 9 applies to the nonservice issue and no injustice arises, therefore leave to reamend is just and should be granted; consequence is dismissal of the Striking Out Summons and allowance of amendment.