THE WORLD FOOD FAIR LTD AND ANOTHER v. HONG KONG ISLAND DEVELOPMENT LTD

HCA4602/2000

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 4602 OF 2000

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R U L I N G

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1. I take the view that the integrity of the trial is on the verge of being seriously compromised. One only needs to recite the history of the matter to understand what I have just said. This case started in January; it had to be adjourned after five days, for reasons which we all know about; and now, 8 1/2 months later and a day and a half into Miss Lau's final speech, I am now confronted with this further application to amend the pleadings.

2. I take the view that this sort of amendment should have been brought, if it was ever going to be brought, on the first amendment of the statement of claim after the defendant's position had been made clear, that there was no concluded agreement between the parties, in the original version of its defence.

3. One only needs to look and see what the effect of this amendment, if it were to be allowed, would be on the shape of the trial to realise that it ought to be refused.

4. I think Mr Lin is right to say that he would undoubtedly have to be given time to consider his position. There are a number of replies that could be brought to bear on this additional way of looking at the Plaintiffs' case. A further adjournment would be forced on the parties and, of course, on the court. This is not the only trial in my list. One really does need to consider the impact of adjournments on other litigants.

5. The matter has been brought far too late, and I am content to refuse it in the exercise of my discretion. I do not find it necessary to go into the issue of whether, in any event, this application and this sort of further claim is now caught by the effects of the Limitation Ordinance.

6. For these reasons, I am going to refuse the application.