Elite Dragon Ltd v. Bel Global Resources Holdings Ltd

HCCL 8/2014

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

COMMERCIAL ACTION NO 8 OF 2014

(formerly HCA 1903/2012)

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D E C I S I O N

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1.Having heard submissions and considered the matter very carefully, and bearing in mind that:

(1)  Elite Dragon’s pleading contains the original plea that under the relevant clause of the contract, the tin was to be supplied by or on behalf of the Mine;

(2)  The proposed amendment does not contain a new case, but arises from facts already pleaded and referred to in the witness statements exchanged in February 2016; and

(3)  There are still 6 months before the trial scheduled in September 2016;

I will allow the amendment and give leave to Elite Dragon to file the statement of Mr Ahmed, with the costs of and occasioned by the amendment and the applications for leave to be paid by Elite Dragon , to be taxed and paid forthwith.

2.As to whether adjournment of the trial is required, I bear in mind that the proposed amendments and new statement are permitted on the basis that they deal with 1) the alleged state of knowledge at the time of the contract and the alleged relevant factual matrix which goes to the construction of the relevant clause of the Contract, and 2) the alternative plea of rescission and estoppel, as opposed to allowing all negotiations for the contract to be admitted into the evidence, there should be a limit to the areas to be dealt with by Bel Global by way of amendment and by way of further witness statements.  There should be sufficient time to deal with these before September, so I do not at this stage consider that adjournment is reasonably required.

3.If Bel Global can show cause at a later stage for an adjournment, then they can make the necessary application in good time, supported by facts which will be made clear by then.   The nearer the parties are to trial, the more cogent will be the reasons required. 

4.Elite Dragon is to file and serve the finalized version of Mr Ahmed’s statement within 3 days, and Bel Global has leave to file consequential amendments to its pleadings and its witness statements within 28 days of service.

Mr Simon Westbrook SC and Ms Ebony Ling, instructed by Charles Chu & Kenneth Sit, for the plaintiff (by Original Action)/ the 1^st & 3^rd defendants (by Counterclaim)

Mr Justin Lam, instructed by Ince & Co, for the defendant (by Original Action)/for the plaintiff (by Counterclaim)