K v. TAM CHAU LONG AND ANOTHER

K v. TAM CHAU LONG AND ANOTHER

Both applications were dismissed: the interrogatories were excessively prolix, oppressive and amounted to fishing beyond the matters in question and failed the stringent necessity test; the subpoenas to non-parties were overly wide, speculative and not shown to be relevant or necessary for fair disposal of the case. The psychiatric reports were not relied on as expert evidence. No order as to costs, but warning given to Claimant about proportionality and potential costs consequences under s73C.

Citation
[2025] HKDC 1587
Parties
Claimant: K; 1st Respondent: Tam Chau Long 譚秋朗; 2nd Respondent: The Football Association of Hong Kong, China Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
2 October 2025
Case Number
DCEO15/2023
Procedural Posture
Equal Opportunities Action / Chambers Applications for Pre Trial Discovery (interrogatories and Subpoenas)
Outcome
Interrogatories application and subpoena application dismissed; no order as to costs; parties to restore Case Management Conference within 14 days.
Legal Topics
Interrogatories, Subpoena Duces Tecum, Discovery, Costs, Disability Discrimination
Source Language
EN
Discrimination Law Civil Procedure Employment Law Evidence Interrogatories Subpoena Duces Tecum Discovery Costs +1 more

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Parties

K

Claimant

Tam Chau Long 譚秋朗

1st Respondent

The Football Association of Hong Kong, China Limited

2nd Respondent

Procedural Posture

Equal Opportunities Action / Chambers Applications for Pre Trial Discovery (interrogatories and Subpoenas)

Legal Issues

  1. 1 Whether the proposed interrogatories relate to matters in question and satisfy the stringent necessity test
  2. 2 Whether interrogatories are oppressive, prolix or a fishing exercise
  3. 3 Whether leave should be granted for subpoenas duces tecum against non-parties and whether requested documents are relevant and necessary for fair disposal

Ratio Decidendi

Both applications were dismissed: the interrogatories were excessively prolix, oppressive and amounted to fishing beyond the matters in question and failed the stringent necessity test; the subpoenas to non-parties were overly wide, speculative and not shown to be relevant or necessary for fair disposal of the case. The psychiatric reports were not relied on as expert evidence. No order as to costs, but warning given to Claimant about proportionality and potential costs consequences under s73C.

Court Disposition

Interrogatories application and subpoena application dismissed; no order as to costs; parties to restore Case Management Conference within 14 days.

Orders

  • The Interrogatories Application is dismissed
  • The Subpoena Application is dismissed