Read the full judgment text of HCCT40/2002 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 3 December 2002 before Hon Burrell J in Chambers.
Construction and arbitration proceedings — Application to amend Statement of Claim to add a second plaintiff — Defendant denies contract with first plaintiff but admits contract with second plaintiff — Plaintiff argues second plaintiff acted as agent or principal — Defendant contends that only one cause of action exists and plaintiffs must elect — Court applies Order 15 rule 6 of the Rules of the High Court; no cause should be defeated by misjoinder or nonjoinder — Joinder appropriate to enable full adjudication — Agency/principal issues not determined at amendment stage — Amendment allowed — Costs on amendments to defendant, costs of hearing to plaintiff.
Legal issues: Joinder of a second plaintiff and amendment of Statement of Claim
Outcome: Amendment to add the second plaintiff allowed; costs of amendments to defendant; costs of hearing to plaintiff.