Read the full judgment text of HCCT 35/2018 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 9 April 2020 before Hon Mimmie Chan J.
Construction and Arbitration Proceedings — Amendment of Pleadings — Late Application for Leave — Striking Out Witness Statements — Supplemental Witness Statement — Procedural Fairness and Trial Preparation — The plaintiff sought leave shortly before trial to amend Statement of Claim and file a supplemental witness statement responding to defendant’s witness statements. Defendant sought to strike out parts of its statements as irrelevant or inadmissible. The court allowed the amendments as they were non-substantive and caused no surprise, struck out irrelevant and opinion evidence from defendant’s statements, but permitted limited leave for plaintiff to file supplemental statement responding to specific parts only. The court emphasized principles requiring witness statements to be factual and relevant, discouraging last-minute extensive rebuttals. Costs orders were made against the plaintiff. Directions were given for filing amended pleadings and completing trial preparations to facilitate an imminent trial scheduled for May 2020.
Legal issues: Leave to amend pleadings at a late stage · Striking out parts of defendant’s witness statements · Leave to file supplemental witness statement
Outcome: Plaintiff’s application for amendment allowed; parts of defendant’s witness statements struck out; limited leave granted to plaintiff to file supplemental witness statement; costs orders made against plaintiff.
Cites 2 cases