Read the full judgment text of HCCT 3/2010 and HCCT 57/2009 on BabelCite. This 高等法院原訟法庭 judgment was delivered on 2 August 2012 before Deputy High Court Judge L. Chan.
Procedure — Amendment of defence — Delay in applying to amend on the fourth day of trial — Insufficiency of evidence — Prejudice to opposing party by adjournment — Letters fail to establish permission by Buildings Department — Application dismissed. The plaintiff sued the defendant for leaving a gap at the lowest catch-fan of a building as ordered by the Buildings Department. The defendant sought late amendment of defence relying on letters of permission involving a related hoisting method. The Court held that the defendant unduly delayed, the letters did not suffice to prove permission, and allowing amendment would prejudice the plaintiff by necessitating adjournment and extended trial. The application was dismissed. Costs were ordered to be paid by the defendant to the plaintiff and certain exhibits were ordered removed from trial materials.
Legal issues: Defendant's application to amend defence to include permission by Buildings Department
Outcome: Application to amend defence dismissed; defendant ordered to pay costs to plaintiff
Cites 1 case