Kim v Lee & Ors (No 3)

In the case of Kim v Lee & Ors (No 3), the plaintiff sought various declarations and damages against multiple defendants in relation to defamation proceedings that had previously been settled in the District Court. The plaintiff sought to amend their statement of claim during the trial, adding claims for breach of warranty of authority against the third and second defendants. The defendants argued against the amendment, citing potential prejudice and the need for separate legal representation.

The court had to determine whether the third and second defendants were in conflict with the other defendants, necessitating separate representation, and whether the defendants would be prejudiced by the amendment, particularly in relation to the cross-examination on matters struck out from the plaintiff's affidavits. The court also needed to assess whether the delay in making the amendment request prejudiced the defendants and if any such prejudice could be compensated by a costs order.

The court found that the third and second defendants were not in conflict with the other defendants and did not require separate representation. The court considered the defendants' argument that they would be prejudiced by the limited cross-examination on the material struck out from the plaintiff's affidavits but held that the prejudice could be compensated by a costs order. The court also found that the delay in making the amendment request did not significantly prejudice the defendants. Consequently, the court allowed the amendment to the statement of claim.

The court ordered that the plaintiff's statement of claim be amended to include the claims for breach of warranty of authority against the third and second defendants. The court further directed that the defendants be compensated for any prejudice caused by the limited cross-examination through a costs order.