Circuitronix, Llc v. Kingboard Chemical Holdings Ltd and Others

HCA 1506/2014

[2023] HKCFI 3359

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 1506 OF 2014

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A D D E N D U M

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1.The decision of 29th December 2023 omitted to address RASOC paragraph 12.5, which is now dealt with in this addendum at the parties’ request, and pursuant to the court’s jurisdiction to reconsider the decision before perfection of the order (see Wan Chi Hing v Strong Master Corporation Ltd, unreported, HCA 1554/2013, 8th December 2015 at [9]).

2.The proposed plea is ambiguous and insufficiently particularised. There is no indication as to what were the past or continuing updated agreements to the price structure, said to have been made from time to time. The proposed plea is also unnecessary since the Plaintiff’s case is that the latest agreed structures were those in SA cl.E, which has already been pleaded in the existing paragraph 12.5.

3.I refuse leave to amend RASOC paragraph 12.5.

4.For the avoidance of doubt, this does not affect the leave given in respect of RASOC paragraph 13.3 which refers to the price structure being agreed from time to time, this being a plea of breaches of agreements as to pricing (insofar as the making of such agreements have been pleaded elsewhere in the RASOC) rather than a plea as to the making of agreements in the first place.

Mr Edward Alder and Miss Jasmine Cheung, instructed by Clyde & Co., for the Plaintiff

Mr Bernard Man SC leading Mr Jacky Lam, instructed by Sidley Austin, for the 3^rd Defendant