Read the full judgment text of HCCT 27/2010 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 31 May 2018 before Hon Mimmie Chan J.
Construction and Arbitration Proceedings — Contract dispute over renovation works — Application to amend Defence and Counterclaim — Whether amendments introduce new causes of action — Whether amendments are time-barred — Interpretation of cause of action — Legal principles from Letang v Cooper and Berezovsky v Abramovich applied — Court held that the proposed amendments merely add particulars to original claims of breach of contract and negligence without introducing new causes of action — Pleading of additional clauses in the Renovation Agreement allowed as clarifying scope of work — Plaintiff’s opposition rejected for lack of merit — Orders made allowing amendment and costs allocated accordingly.
Legal issues: Whether the proposed amendments introduce new causes of action · Whether the Defendant can plead clauses 3.1 and 4.4 of the Renovating Clause
Outcome: Defendant's application for amendment allowed
Cited by 1 case · Cites 1 case