Read the full judgment text of HCA 2371/2009 on BabelCite. This Court of First Instance judgment was delivered on 5 May 2022 before Hon Anthony Chan J.
Civil procedure – amendment of pleadings – late application – leave to amend – wilfully negligent or in wilful default – declaration of dividends – losses and insolvency – prejudice – costs – China Forestry Holdings Co Ltd v KPMG (a firm) [2021] HKCFI 1519 – Plaintiffs in liquidation sought leave to amend Re-Amended Statement of Claim to include plea of wilfully negligent or in wilful default in answer to Article 166 of Articles of Association and to plead that 1st Plaintiff was suffering losses and insolvent at time of dividend declaration – application opposed by 2nd and 3rd Defendants – court allowed Amendment (i) against 3rd Defendant as issue already pleaded in Reply and not expanding case, but disallowed against 2nd Defendant who did not rely on Article 166 – Amendment (ii) allowed as tidying up exercise with issue already in List of Agreed Issues – no real prejudice not compensable by costs – leave granted subject to exception.
Legal issues: Late amendment to plead wilfully negligent or in wilful default · Late amendment to plead losses and insolvency at time of dividend declaration
Outcome: Plaintiffs' application for leave to amend allowed in part; Amendment (i) allowed against the 3rd Defendant but not against the 2nd Defendant; Amendment (ii) allowed against all defendants.
Cited by 8 cases · Cites 1 case