Komal Patel and Others v. Chris Au and Others

HCA 183/2014 &
HCA 2063/2015

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 183 OF 2014

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AND

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 2063 OF 2015

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(Heard Together)

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D E C I S I O N

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1.I have two applications before me. The first is from the plaintiffs in HCA 2063/2015 seeking to amend the Amended Statement of Claim with consequential costs orders to the defendants in the action. The second is from the plaintiffs in HCA 183/2014 seeking to amend the Re-Amended Statement of Claim and the Amended Replay and Defence to Counter-claim with consequential costs orders to the relevant parties in HCA 183/2014 and HCA 2063/2015. The plaintiffs in HCA 183/2014 seek an additional order that the plaintiffs and the 1^st defendant file the experts’ joint note within such time as the Court thinks fit.

2.On 19 February 2016, I gave case management directions which included in paragraph 15 that all “interlocutory applications shall be taken out on or before 24 June 2016.”  Both summonses comply with this direction.

3.The 1^st defendant in HCA 183/2014 and HCA 2063/2015, who acts in person, has also taken out an application on 24 June 2016, fixed for hearing on 22 July 2016, seeking a number of orders against various parties in HCA 183/2014 for further and better list of documents. 

4.The plaintiffs in HCA 2063/2015 have yet to file a Re-Amended Statement of Claim and they wish to do so having recently examined the expert evidence in these consolidated proceedings.  Mr David Chen for the plaintiffs accepts that the defendants in the action should be given an opportunity to review the proposed amendments to the Amended Statement of Claim before they decide whether to oppose the amendments.  Accordingly, on the invitation of the plaintiffs, I make the following directions:

(1) The plaintiffs do file with the Court and serve on the defendants in HCA 2063/2015 a draft Re-Amended Statement of Claim by 4 pm on 15 July 2016;

(2) The plaintiffs’ summons dated 24 June 2016 be adjourned to 10 am on 22 July 2016;

(3) Costs reserved.

5.The plaintiffs in HCA 183/2014 have filed and served the amendments to their pleadings which seek to clarify and narrow the issues for trial.  They do not introduce any new issues. 

6.The 1^st defendant in both actions did not attend today’s hearing but has submitted a letter dated 4 July 2016 which I have considered. The 2^nd defendant in both actions is legally represented at today’s hearing and I am informed that she takes a neutral stance in relation to the application.  Overall, there is no objection to the amendments from the other parties except the 1^st defendant takes issue to the extent that he wishes to be able to consider and respond the application of the plaintiffs in HCA 2063/2015 and wishes to have the right to make consequential amendments to his pleadings in relation to both applications.  The 1^st defendant’s concerns in relation to the plaintiffs’ application in HCA 2063/2015 have been addressed by the directions I have made.  The 1^st defendant has requested that he be given 42 days to make any consequential amendments to his pleadings in HCA 183/2014 but I consider that that is too long and I will give him 28 days instead.

7.I have already given directions for the application in HCA 2063/2015 which addresses the concerns of the 1^st defendant.  As to HCA 183/2014, I make the following orders:

(1) Time for service of the summons is abridged.

(2) The 1^st to 4^th plaintiffs (by Original Action) in HCA 183/2014 has leave to amend the following:

(a) Re-Amended Statement of Claim in the manner as shown in purple in the copy annexed to the Order; and

(b) Amended Reply and Defence to Counterclaim in the manner as shown in green in the copy annexed to the Order.

(together the “Documents”)

(3) Service of the Documents on the parties is dispensed with.

(4) Costs of and occasioned by the amendments be to the 1^st to 3^rd defendants (by Original Action in HCA 183/2014) and 5^th to 6^th defendants (by Counterclaim in HCA 183/2014) and the 1^st to 3^rd plaintiffs in HCA 2063/2015 in any event.

(5) The 1^st defendant’s expert is to submit his comments on the experts’ joint written note to the plaintiffs’ expert by close of business 15 July 2016.

(6) The experts’ joint written note be filed on or before 22 July 2016.

(7) Costs of the application in relation to the experts’ joint written note be reserved.

In respect of HCA 183/2014:

Mr Barry Hoy of Robertsons, for the plaintiffs (by original action) and the 1^st to 4^th defendants (by counterclaim)

The 1^st defendant (by original action) and the plaintiff (by counterclaim) did not appear

Ms Evonne Lam of Au & Vrijmoed, for the 2^nd defendant (by original action) and the 2^nd defendant (by counterclaim to counterclaim)

The 3^rd defendant (by original action) and the 7^th defendant (by counterclaim) was not represented and did not appear

The 5^th and 6^th defendants (by counterclaim) and the plaintiffs (by counterclaim to counterclaim) were excused from attendance

The 3^rd defendant (by counterclaim to counterclaim) was not represented and did not appear

In respect of HCA 2063/2015:

Mr David Chen, instructed by Chan, Tang & Kwok, for the plaintiffs

The 1^st defendant did not appear

Ms Evonne Lam of Au & Vrijmoed, for the 2^nd defendant

The 3^rd and 4^th defendants were not represented and did not appear