CHAN CHEUNG PO v. KWAN KAY CHEONG AND ANOTHER

CHAN CHEUNG PO v. KWAN KAY CHEONG AND ANOTHER

The court refused to make interlocutory findings on the medical fitness of the witness and refused to allow expert evidence to be heard before completion of factual evidence; the court exercised its costs discretion and ordered Kwan Ko Siu Wah and Kwan Kay Cheong to pay the costs of Chow Sai Yiu and Chan Cheung Po...

Source-derived case information.

Citation
CHAN CHEUNG PO v. KWAN KAY CHEONG AND ANOTHER
Parties
1st Plaintiff (original Action): Hong Lok School Limited; 2nd Plaintiff (original Action); 2nd Defendant (counterclaim): Kwan Ko Siu Wah; 1st Defendant (original Action): Chow Sai Yiu; 2nd Defendant (original Action); Plaintiff (counterclaim); Executor of the Estate of Kwan Bing Sun (deceased): Chan Cheung Po; 1st Defendant (counterclaim): Kwan Kay Cheong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
25 July 2003
Case Number
HCA19001/1999
Procedural Posture
Civil Trial Involving Original Action and Counterclaim Concerning Company/shareholder Dispute and Interlocutory Applications / Part‑heard Trial Adjourned; Interlocutory Hearing on Costs and Procedural Applications
Outcome
Partly successful for Defendants on costs; interlocutory rulings on medical fitness refused; application to call expert at that stage refused; costs ordered against specified Plaintiffs for specified applications; costs nisi that applications for costs be costs in the cause.
Legal Topics
Adjournment, Medical Fitness to Testify, Expert Evidence, Costs Orders, Shareholder Dispute, Interlocutory Applications
Source Language
en
Civil Procedure Company Law Evidence Costs Adjournment Medical Fitness to Testify Expert Evidence Costs Orders +2 more

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Parties

Hong Lok School Limited

1st Plaintiff (original Action)

Kwan Ko Siu Wah

2nd Plaintiff (original Action); 2nd Defendant (counterclaim)

Chow Sai Yiu

1st Defendant (original Action)

Chan Cheung Po

2nd Defendant (original Action); Plaintiff (counterclaim); Executor of the Estate of Kwan Bing Sun (deceased)

Kwan Kay Cheong

1st Defendant (counterclaim)

Procedural Posture

Civil Trial Involving Original Action and Counterclaim Concerning Company/shareholder Dispute and Interlocutory Applications / Part‑heard Trial Adjourned; Interlocutory Hearing on Costs and Procedural Applications

Legal Issues

  1. 1 Whether the court should make interlocutory findings on the medical fitness of a witness who will not return to give evidence
  2. 2 Whether to allow expert evidence before completion of factual evidence
  3. 3 Whether the Plaintiffs should pay the Defendants' costs for specified applications and whether such costs should be payable forthwith or on an indemnity basis

Ratio Decidendi

The court refused to make interlocutory findings on the medical fitness of the witness and refused to allow expert evidence to be heard before completion of factual evidence; the court exercised its costs discretion and ordered Kwan Ko Siu Wah and Kwan Kay Cheong to pay the costs of Chow Sai Yiu and Chan Cheung Po in respect of the Plaintiff's application for admission of new evidence (30 June and 2 July 2003), the Plaintiff's application on 8 July 2003, and the adjournment of 7 July 2003; those costs are payable in any event and the court made a costs order nisi that the applications for costs be costs in the cause, but declined to order immediate payment or indemnity costs and reserved...

Court Disposition

Partly successful for Defendants on costs; interlocutory rulings on medical fitness refused; application to call expert at that stage refused; costs ordered against specified Plaintiffs for specified applications; costs nisi that applications for costs be costs in the cause.

Orders

  • Kwan Ko Siu Wah and Kwan Kay Cheong to pay the costs of Chow Sai Yiu and Chan Cheung Po in respect of the Plaintiff's application for admission of new evidence on 30 June and 2 July 2003 (recorded trial time 3 hours)
  • Kwan Ko Siu Wah and Kwan Kay Cheong to pay the costs of Chow Sai Yiu and Chan Cheung Po in respect of the Plaintiff's application on 8 July 2003