Chan Tin Yau and Others v. Tsang Kwok Kay

HCA 21228/1998

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 21228 OF 1998

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BETWEEN

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Before:  Hon Chung J in Court

Date of Hearing:  5 September 2006

Date of Decision:  5 September 2006

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D E C I S I O N

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1.This is the Defendant’s application to amend the defence made on the third day of trial.  The proposed amendments appear at paragraphs 2(h), 2(i), 5(b)(iii), 8 (which should read 9) and 22(a) of the draft pleading.  Mrs Chan for the defence accepted during the course of her argument that the draft amendment at paragraph 5(b)(iii) is unnecessary.  Accordingly, that part of the application needs not be considered further.

2.She also fairly accepts this application is taken out at an extremely late stage.  However, she points out that the evidence in support of the amendments is already set out in the Defendant’s witness statements filed earlier.

3.In fact, the matter set out in the proposed paragraph 2(h) has partly been agreed to by PW1 during cross-examination.

4.For these reasons, this is not a case where the Plaintiffs are likely to suffer irreparable prejudice if leave to amend is given.

5.I will therefore exercise my discretion to give leave to amend the defence as per the summons save and accept paragraph 5(b) (iii) thereof.

Mr Paul K N Wu and Mr Victor C F Cheung, instructed by Messrs Simon C W Yung & Co., for the Plaintiffs

Mrs Dona Chan, instructed by Messrs Tsang Chan & Woo, for the Defendant