YEUNG, ABRAHAM v. SUN KING KAI

YEUNG, ABRAHAM v. SUN KING KAI

Permission to give oral evidence remotely was granted because the applicant is a core witness of advanced age with medical vulnerabilities and faces substantial health and logistical risks from long-haul travel and mandatory quarantine during the COVID-19 pandemic; prior notice had been given and the Technology Court was available; the court can give directions to protect fairness and integrity, and the potential prejudice to the respondent was outweighed by the risk of irreparable injustice and the public interest in fair, efficient, cost-effective administration of justice.

Citation
[2021] HKCFI 2224
Parties
Plaintiff (original Action) and 1st Defendant (by Counterclaim): YEUNG, ABRAHAM (楊贊明); Defendant (original Action) and Plaintiff (by Counterclaim): SUN KING KAI (孫慶愷); Defendant (original Action) and Co Plaintiff (by Counterclaim): DEBORAH KING KAI SUN (Executrix of the estate of KONG TUEN (or DUEN) YEE); 2nd Defendants (defendants Whose Names Are Unknown to the Plaintiff by Counterclaim): All occupiers of the Flats; 3rd Defendant (by Counterclaim): The Secretary for Justice
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
3 August 2021
Case Number
HCA413/2015
Procedural Posture
Civil Adverse Possession Claim With Charitable Trust Counterclaim / Pre Trial Case Management Application for Remote Oral Evidence; Trial Fixed for 27 September 2021
Outcome
Application allowed
Legal Topics
Adverse Possession, Charitable Trust, Remote Testimony Via Video Conferencing, Case Management, Costs
Source Language
EN
Property Law Trusts and Charities Civil Procedure Evidence Adverse Possession Charitable Trust Remote Testimony Via Video Conferencing Case Management +1 more

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Parties

YEUNG, ABRAHAM (楊贊明)

Plaintiff (original Action) and 1st Defendant (by Counterclaim)

SUN KING KAI (孫慶愷)

Defendant (original Action) and Plaintiff (by Counterclaim)

DEBORAH KING KAI SUN (Executrix of the estate of KONG TUEN (or DUEN) YEE)

Defendant (original Action) and Co Plaintiff (by Counterclaim)

All occupiers of the Flats

2nd Defendants (defendants Whose Names Are Unknown to the Plaintiff by Counterclaim)

The Secretary for Justice

3rd Defendant (by Counterclaim)

Procedural Posture

Civil Adverse Possession Claim With Charitable Trust Counterclaim / Pre Trial Case Management Application for Remote Oral Evidence; Trial Fixed for 27 September 2021

Legal Issues

  1. 1 Whether leave should be granted for a party and core witness to give oral evidence remotely via video-conferencing from New York
  2. 2 Whether permitting remote evidence would cause unfair prejudice to the opposing party
  3. 3 Whether the applicant has shown good grounds taking into account health, age and COVID-19 related travel/quarantine risks

Ratio Decidendi

Permission to give oral evidence remotely was granted because the applicant is a core witness of advanced age with medical vulnerabilities and faces substantial health and logistical risks from long-haul travel and mandatory quarantine during the COVID-19 pandemic; prior notice had been given and the Technology Court was available; the court can give directions to protect fairness and integrity, and the potential prejudice to the respondent was outweighed by the risk of irreparable injustice and the public interest in fair, efficient, cost-effective administration of justice.

Court Disposition

Application allowed

Orders

  • Oral evidence of Sun to be given remotely from New York via the Technology Court's video-conferencing facilities during the trial
  • Incidental case management directions to secure integrity of remote evidence to be followed