WU HAN SIN v. LEUNG FAT

HCA 2430/2005

IN THE HIGH COURT OF THE

HONG KING SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO. 2430 OF 2005

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D E C I S I O N

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1.  I will make an order granting you leave to amend the Statement of Claim by the substitution of the plan, shown at page 40 in the bundle, for the original plan shown in the Statement of Claim, which is at page 41 of the bundle.

2.  I have to say, this is an unusual situation.  The Plaintiff is asking for leave to amend its Statement of Claim after the trial and after Judgment has been handed down, but before the Judgment has been perfected I am satisfied that I have jurisdiction to deal with the application.  The circumstances of this case are such that I consider it right in the exercise of the judgment of my discretion to grant the application sought.

3.  The application relates to the size and extent of the encroachment area but had never been a matter of dispute between the parties.  The evidence before me shows that both the Plaintiff's expert and the Defendant's expert were agreed as to the area, dimension and size of the encroachment area.

4.  Apparently there was an inadvertence in the preparation of a plan, which is attached to the Statement of Claim, in that part of the encroachment area was not cross-hatched as it ought to have been.  I am satisfied that that has occasioned no prejudice whatsoever to the Defendant.

5.  Defendant has chosen not to appear today to contest the application.  He has, in fact, vacated from the premises and, apart from formalising the judgment, it should not really result in any disadvantage or prejudice to the Defendant.

6.  For those reasons, I have exercised my discretion in favour of the Plaintiff.