CHUNG HIU BUN v. YEUNG YIU SING AND ANOTHER

CHUNG HIU BUN v. YEUNG YIU SING AND ANOTHER

Leave to adduce additional witness statements and to file the Re-revised Statement of Damages was granted, but because the application sought an indulgence after the case was set down the plaintiff must pay the costs of and occasioned by the application to the 1st and 2nd defendants (summarily assessed at $3,500 each) and the plaintiff's own costs are to be taxed under the Legal Aid Regulations.

Citation
CHUNG HIU BUN v. YEUNG YIU SING AND ANOTHER
Parties
Plaintiff (administrator of the Estate of CHUNG CHUN Kong): CHUNG HIU BUN; 1st Defendant: YEUNG YIU SING; 2nd Defendant: YIM KWOK LEUNG
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
28 July 2011
Case Number
HCPI123/2010
Procedural Posture
Personal Injuries Action No. 123 of 2010 / Summons for Leave to Adduce Additional Witness Statements and Amend Statement of Damages After Case Set Down for Trial (heard 28 July 2011)
Outcome
Summons granted in terms of paragraphs 1–3; costs awarded against plaintiff.
Legal Topics
Amendment of Pleadings After Setting Down, Leave to Adduce Additional Evidence, Costs Orders for Interlocutory Applications, Taxation of Legal Aid Costs
Source Language
EN
Personal Injury Civil Procedure Costs Law Legal Aid Amendment of Pleadings After Setting Down Leave to Adduce Additional Evidence Costs Orders for Interlocutory Applications Taxation of Legal Aid Costs

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Parties

CHUNG HIU BUN

Plaintiff (administrator of the Estate of CHUNG CHUN Kong)

YEUNG YIU SING

1st Defendant

YIM KWOK LEUNG

2nd Defendant

Procedural Posture

Personal Injuries Action No. 123 of 2010 / Summons for Leave to Adduce Additional Witness Statements and Amend Statement of Damages After Case Set Down for Trial (heard 28 July 2011)

Legal Issues

  1. 1 Whether leave should be granted to adduce additional witness statements and to amend the Statement of Damages after the case was set down for trial
  2. 2 Whether the costs of that application should be costs in the cause or paid by the applicant
  3. 3 Whether the plaintiff's own costs should be taxed under the Legal Aid Regulations

Ratio Decidendi

Leave to adduce additional witness statements and to file the Re-revised Statement of Damages was granted, but because the application sought an indulgence after the case was set down the plaintiff must pay the costs of and occasioned by the application to the 1st and 2nd defendants (summarily assessed at $3,500 each) and the plaintiff's own costs are to be taxed under the Legal Aid Regulations.

Court Disposition

Summons granted in terms of paragraphs 1–3; costs awarded against plaintiff.

Orders

  • Leave to adduce additional witness statements granted
  • Leave to file and serve a Re-revised Statement of Damages within 7 days granted