HCA 475/2020

[2024] HKCFI 2253

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE

ACTION NO 475 OF 2020

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BETWEEN

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DECISION

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Introduction and procedural history

1. This is the hearing of the re-amended summons of 22 July 2024 (the “ Re-Amended Summons ”)  taken out by the Plaintiff (“ P ”)  for leave to (a)  amend her statement of claim of 6 May 2020 as per the attached draft; (b)  to file and serve her supplemental witness statement as per the attached draft, and (c)  to adduce expert evidence on the question of quantum.

2. The pre-trial review of the case is due to take place on 10 September 2024, with the trial itself set down to commence on 25 November 2024 (with 8 days reserved).

3. Parties first came before this Court on 18 July 2024.  That was for the first hearing of the Re-Amended Summons in its original form (the “ Summons ”). That morning, P sought leave to amend the Summons to incorporate events that had taken place since the filing of the Summons (the “ Amended Summons ”). I granted P leave to do so.  I also granted P liberty to re-amend the Amended Summons to update the proposed questions for the experts.  Further, and noting the approaching pre-trial review and the trial, this Court handed down tight schedule for the filing of evidence.

4. P filed her Re-Amended Summons on 22 July 2024.  Evidence has been filed: He Chuan’s affirmation dated 1 August 2024 for the defendant (“ D ”)  in opposition, and P’s 4 ^th affirmation in reply.

5. The parties now come back before this court for substantive hearing of the Re-Amended Summons.  Ms Eva Leung and Mr Jason Fee appeared for P.  Mr Danny Tang appeared for D.

Preliminary matters

6. D in the affirmation filed on its behalf has taken a procedural and highly technical point as to whether D has been given leave to file the Re-Amended Summons, or simply given leave to file a summons to amend the Amended Summons.  I on 18 July 2024 granted P liberty to file her Re-Amended Summons.  There is no merits and utility in that point whatsoever.  The objection has not been repeated by Mr Tang.

7. On 15 August 2024, D filed its summons for leave to file a further affirmation in opposition.  The proposed new evidence concerns the part of P’s application for adducing expert evidence.  Ms Leung objects to it on the basis of lateness.  I will come back to this.

P’s case

8. According to P’s case, she is a housewife.  D is a limited company licensed by the Securities and Futures Commission to carry out Types 1, 4 and 9 activities.  She says that she was introduced by D to invest in the bonds issued by a li