HUI WAI SHING v. SZE WAI

HUI WAI SHING v. SZE WAI

The application to file a supplemental witness statement was refused because the applicant failed to justify the significant delay in applying only on the first day of trial and because the asserted relevance of the supplemental material was insufficient to outweigh the prejudice and risk of adjournment to the respondent; therefore the discretionary balance favoured refusal.

Citation
HUI WAI SHING v. SZE WAI
Parties
1st Plaintiff (hca 2396/2007); Defendant (hca 1348/2009): Sze Wai; 2nd Plaintiff (hca 2396/2007): Lee Shing Electronic Development Limited; Defendant (hca 2396/2007); Plaintiff (hca 1348/2009): Hui Wai Shing
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2011
Case Number
HCA1348/2009
Procedural Posture
Civil Consolidated Actions Concerning Contractual Enforcement, Equitable Relief and Enforcement of Foreign Judgment / Application for Leave to File Supplemental Witness Statement Made on First Day of Trial; Decision Delivered at Trial Outset
Outcome
Application refused
Legal Topics
Leave to Adduce Late Evidence, Delay and Prejudice, Relevance of Supplemental Evidence, Specific Performance, Civil Justice Reform Compliance
Source Language
EN
Civil Procedure Enforcement of Foreign Judgments Equitable Remedies Civil Evidence Leave to Adduce Late Evidence Delay and Prejudice Relevance of Supplemental Evidence Specific Performance +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 3 Authorities cited 1 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Sze Wai

1st Plaintiff (hca 2396/2007); Defendant (hca 1348/2009)

Lee Shing Electronic Development Limited

2nd Plaintiff (hca 2396/2007)

Hui Wai Shing

Defendant (hca 2396/2007); Plaintiff (hca 1348/2009)

Procedural Posture

Civil Consolidated Actions Concerning Contractual Enforcement, Equitable Relief and Enforcement of Foreign Judgment / Application for Leave to File Supplemental Witness Statement Made on First Day of Trial; Decision Delivered at Trial Outset

Legal Issues

  1. 1 Whether leave should be granted to file a supplemental witness statement made on the first day of trial
  2. 2 Whether the unexplained delay and the limited relevance of the supplemental material justify refusal
  3. 3 Whether enforcement and recovery of funds in Mainland proceedings materially affect the discretionary remedy sought (specific performance)

Ratio Decidendi

The application to file a supplemental witness statement was refused because the applicant failed to justify the significant delay in applying only on the first day of trial and because the asserted relevance of the supplemental material was insufficient to outweigh the prejudice and risk of adjournment to the respondent; therefore the discretionary balance favoured refusal.

Court Disposition

Application refused

Orders

  • Application by Hui Wai Shing for leave to file supplemental witness statement refused