Anthony Chan J gives decision on amendment application at the PTR of the Peace Mark litigation

Robert Chan, instructed by Leon Lai & Co, represented D2-Leung Yung (“Leung”), the former Chief Executive Officer of Peace Mark (Holdings) Ltd, to resist the Plaintiffs’ application to amend their claim to include a plea of wilful default or wilful negligence.

At the PTR, Anthony Chan J took into account the principles referred to in China Forestry Holdings Co Ltd v KPMG (a firm) [2021] HKCFI 1519 and the nature of Leung’s defence (which was not entirely the same as the other defendants’ defences), and disallowed the amendment as regards Leung holding that the Plaintiffs had “no answer to the fact that it will be moving the goalposts against Leung at a very late stage of proceedings”.

A separate amendment concerning issues of loss and solvency on the declaration of dividends was allowed on the basis that it was a “tidying up exercise” and that the issues were “intricately tied” (notwithstanding expert evidence on Bermudan law to the contrary, as Leung had contended).

The Court’s reasons for judgment can be found here.