HONG KONG TOY CENTRE LTD. AND ANOTHER v. CHAN KAN KWONG MARGARET AND OTHERS

HONG KONG TOY CENTRE LTD. AND ANOTHER v. CHAN KAN KWONG MARGARET AND OTHERS

The court allowed the late Computer Hearsay Notice because there was no dispute about the foundational grounds for the hearsay and precedent precludes weighing probative value when granting late hearsay notices; the court allowed the substantive amendments to the Statement of Claim despite lateness because the amendments sought to define the real issues and any injustice could be compensated by costs and case management; accordingly the Plaintiffs must pay the Defendants' costs of the applications on a party-and-party basis and must pay forthwith the costs thrown away by reason of adjournment to be taxed on an indemnity basis if not agreed.

Citation
HONG KONG TOY CENTRE LTD. AND ANOTHER v. CHAN KAN KWONG MARGARET AND OTHERS
Parties
1st Plaintiff: Hong Kong Toy Centre Limited; 2nd Plaintiff: Darbro International Limited; 1st Defendant: Chan Kan Kwong Margaret; 2nd Defendant: Fortune Win Trading Limited; 3rd Defendant: Mong Siu Ling; 4th Defendant: W. Great Worth Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 June 1999
Case Number
HCA9971/1998
Procedural Posture
Civil Action (commercial) / Full Trial Listed; Interlocutory Applications Heard (late Hearsay Notices and Amendment of Statement of Claim); Reasons for Decision Delivered
Outcome
Computer hearsay notice allowed; amendments to the Statement of Claim permitted in terms approved by the court; costs ordered against Plaintiffs for applications and adjournment
Legal Topics
Amendment of Statement of Claim, Late Hearsay Notices, Computer Generated Hearsay, Indemnity Costs, Anton Piller Order and Seized Documents
Source Language
EN
Civil Procedure Evidence Costs Commercial/contract Law Amendment of Statement of Claim Late Hearsay Notices Computer Generated Hearsay Indemnity Costs +1 more

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Parties

Hong Kong Toy Centre Limited

1st Plaintiff

Darbro International Limited

2nd Plaintiff

Chan Kan Kwong Margaret

1st Defendant

Fortune Win Trading Limited

2nd Defendant

Mong Siu Ling

3rd Defendant

W. Great Worth Limited

4th Defendant

Procedural Posture

Civil Action (commercial) / Full Trial Listed; Interlocutory Applications Heard (late Hearsay Notices and Amendment of Statement of Claim); Reasons for Decision Delivered

Legal Issues

  1. 1 Whether a late computer hearsay notice should be allowed
  2. 2 Whether amendments to the statement of claim out of time should be permitted
  3. 3 Whether defendants are entitled to indemnity costs for adjournment and applications

Ratio Decidendi

The court allowed the late Computer Hearsay Notice because there was no dispute about the foundational grounds for the hearsay and precedent precludes weighing probative value when granting late hearsay notices; the court allowed the substantive amendments to the Statement of Claim despite lateness because the amendments sought to define the real issues and any injustice could be compensated by costs and case management; accordingly the Plaintiffs must pay the Defendants' costs of the applications on a party-and-party basis and must pay forthwith the costs thrown away by reason of adjournment to be taxed on an indemnity basis if not agreed.

Court Disposition

Computer hearsay notice allowed; amendments to the Statement of Claim permitted in terms approved by the court; costs ordered against Plaintiffs for applications and adjournment

Orders

  • Computer Hearsay Notice allowed to stand
  • Plaintiffs permitted to amend Statement of Claim in terms approved by the court