SO SAU LAI CONNIE t/a WING FUNG TRADING COMPANY v. DBS BANK (HONG KONG) LTD

SO SAU LAI CONNIE t/a WING FUNG TRADING COMPANY v. DBS BANK (HONG KONG) LTD

The summons for leave to file the unsigned supplemental expert report (Lee Draft) was dismissed because the applicant failed to provide a satisfactory justification for the lateness, the draft raised new unpleaded issues and included material beyond proper expert opinion, and its admission would have prejudiced the...

Source-derived case information.

Citation
SO SAU LAI CONNIE t/a WING FUNG TRADING COMPANY v. DBS BANK (HONG KONG) LTD
Parties
Plaintiff in Hca2807/2004; 2nd Defendant in Hcmp1361/2005: So Sau Lai Connie trading as Wing Fung Trading Company; Defendant in Hca2807/2004; Plaintiff in Hcmp1361/2005: DBS Bank (Hong Kong) Limited; 1st Defendant in Hcmp1361/2005: New Harvest International Development Limited; 3rd Defendant in Hcmp1361/2005: Hui Wing Sze
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 October 2014
Case Number
HCA2807/2004
Procedural Posture
Civil Banking Litigation (letters of Credit, Trust Receipt Loan, Mortgage and Guarantee Enforcement) / Pre Trial Review and Interlocutory Application Dismissed; Trial Listed to Commence 7 January 2015 (8 Days)
Outcome
Summons dismissed; costs awarded to DBS; no order as to costs between So and New Harvest and between So and Hui; So's legal aid costs to be taxed under the Legal Aid Regulations
Legal Topics
Letters of Credit, Expert Evidence Admissibility, Duty of Care of Issuing Bank, Ucp500/isbp Interpretation, Late Interlocutory Applications, Trust Receipt Loan Recovery, Mortgage and Guarantee Enforcement
Source Language
en
Banking Law Contract Law Tort (negligence) Civil Procedure Evidence Law Letters of Credit Expert Evidence Admissibility Duty of Care of Issuing Bank +4 more

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Parties

So Sau Lai Connie trading as Wing Fung Trading Company

Plaintiff in Hca2807/2004; 2nd Defendant in Hcmp1361/2005

DBS Bank (Hong Kong) Limited

Defendant in Hca2807/2004; Plaintiff in Hcmp1361/2005

New Harvest International Development Limited

1st Defendant in Hcmp1361/2005

Hui Wing Sze

3rd Defendant in Hcmp1361/2005

Procedural Posture

Civil Banking Litigation (letters of Credit, Trust Receipt Loan, Mortgage and Guarantee Enforcement) / Pre Trial Review and Interlocutory Application Dismissed; Trial Listed to Commence 7 January 2015 (8 Days)

Legal Issues

  1. 1 Whether to allow late supplemental expert report filed shortly before trial
  2. 2 Whether the Lee Draft raises new unpleaded discrepancies in the documentary evidence presented under the LC
  3. 3 Whether expert evidence in the Lee Draft crosses the boundary into ultimate issues of fact and law and argumentative material

Ratio Decidendi

The summons for leave to file the unsigned supplemental expert report (Lee Draft) was dismissed because the applicant failed to provide a satisfactory justification for the lateness, the draft raised new unpleaded issues and included material beyond proper expert opinion, and its admission would have prejudiced the respondent and disrupted the imminent trial; costs were ordered against the applicant.

Court Disposition

Summons dismissed; costs awarded to DBS; no order as to costs between So and New Harvest and between So and Hui; So's legal aid costs to be taxed under the Legal Aid Regulations

Orders

  • Summons dismissed
  • Costs of and occasioned by the Summons to be paid by So to DBS to be taxed if not agreed