Read the full judgment text of FAMV 64/2020 on BabelCite. This Court of Final Appeal judgment was delivered on 15 September 2020 before Ribeiro PJ, Fok PJ, Cheung PJ.
Civil procedure – leave to appeal – misnomer – mistake as to identity – amendment of writ – substitution of party – time bar – Hague-Visby Rules Article III rule 6 – RHC Order 20 rules 1 and 5(3) – whether mistake of naming defendant A as B with same name but different address is misnomer or identity – whether amendment of address after limitation period correctable under O.20 r.1 or only r.5(3) – whether such correction involves substitution – whether writ stops time bar under Hague-Visby Rules – leave granted on four questions – appeal listed for hearing on 13 January 2021.
Legal issues: Leave to appeal – questions of law of requisite importance
Outcome: Leave to appeal granted on four questions of law; appeal to be heard on 13 January 2021.