Chap 5: Pleadings

Question 1

1/ Function of pleasing ?

2/ Contents of pleadings

• Formal requirements: 4

-Verification of pleading by statement of truth
Form of the ST: I believe that the facts stated in this …are true
Sanction of false: contempt proceedings

Answer 1

2/

Numbered parag
Numbers
Plead fact not evidence
Plead fact not law

Form of statement of truth

Question 2

1/Types of pleadings ?

2/Order of pleadings ?

3/Amendment of pleadings?

4/Further and better particulars?

5/Third party proceedings ?

6/Unnecessary lengthy pleadings

Answer 2

2/ Statement of claim
Defence 
Couterclaim
Reply to defense
Defence to counterclaim

3/ court believe the order is necessary either for disposing fairly of the cause or matter or for saving cots

Can be done at any stage of proceedings but the later the stage the greater the scrutiny

Relation back doctrine

5/ contribution notice or third party notice

Question 3

PARTIES

Classes of parties

1 / Persons under disabilities 
2 /corporations
3/ unincorporated entities
4/ partnerships and firms
5/ sole proprietorship 
6/ trustees 
7/ government of HK SAR
8/ governments of foreign states 
9/ trade unions

Answer 3

1/
Next friend or guardian at litem
Court rules apply with certain exceptions

2/
CFI : solicitor
DC: no solicitor
Liquidator

3/
Against responsible officer on behalf of UE
Members can sue by way of a representative action

4/ partners may sue or be sued in the name of the Firm of which there were partners at the time when the cause of action accrued
Advantage :
Disadvantage

5/ possible to sue the individual under the name or style as it was the name of the firm
Not possible that this individual sues under his trade name

7/ exceptions to the general principle that limitation provisions apply

8/ immune

Question 4

Death or bankruptcy of a party

General rule ?

Proceedings by estates

Proceedings by estates

Answer 4

Cause of action survives against or for the benefit of the estate

Action cannot continue unless and until an order is obtained from the court

Question 5

Joinder of parties

1/ What are the conditions for a party to be joined without leave of the court ?

2/ what is a bullock order ?

3/ what is a Sanderson order ?

Answer 5

1/
- the claim involves Simmons common question of the law or fact
And
- same transaction or series of transactions

Different situations of joinder p. 76

2/ BO: plaintiffs ordered to pay successful defendant costs but can recover from unsuccessful defendant

3/ SO: unsuccessful defendant ordered to pay the costs of successful defendant directly

Question 6

1/ Adding, substituting and removing parties

2/ what is relator action ?

3/ representatives proceedings
Conditions?

Answer 6

1/ wide discretion/ intervener

2/ restrain interference with public right, compel performance of public duty or abate a public nuisance

3/ 
Group or class action
Same interest
Numerous person clearly identified
Writ endorsed with statement of capacity 

Defendant should require leave