MACPI GROUP (HK) LTD v. YAP BEE HONG CHRISAND

MACPI GROUP (HK) LTD v. YAP BEE HONG CHRISAND

Milestone trial dates fixed for case management cannot be adjourned for commercial convenience of a party or its witness; a late decision to attend an exhibition does not constitute an exceptional circumstance under Order 35 and PD5.2/10, therefore the adjournment application is dismissed; late discovery of a correction notice made after earlier discovery is allowable where no prejudice arises.

Citation
MACPI GROUP (HK) LTD v. YAP BEE HONG CHRISAND
Parties
Plaintiff (dccj5593)/defendant (dccj605): MACPI GROUP (HK) LIMITED; Defendant (dccj5593)/plaintiff (dccj605): YAP BEE HONG CHRISAND
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 January 2011
Case Number
DCCJ5593/2007
Procedural Posture
Civil (consolidated) / Interlocutory Application to Adjourn Trial; Application for Late Discovery and Costs Hearing
Outcome
Application to adjourn dismissed; late discovery allowed in part; costs orders made
Legal Topics
Milestone Trial Dates, Exceptional Circumstances, Late Discovery, Taxation of Costs
Source Language
EN
Civil Procedure Case Management Adjournment Discovery Costs Milestone Trial Dates Exceptional Circumstances Late Discovery +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 4 Authorities cited 3 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Parties

MACPI GROUP (HK) LIMITED

Plaintiff (dccj5593)/defendant (dccj605)

YAP BEE HONG CHRISAND

Defendant (dccj5593)/plaintiff (dccj605)

Procedural Posture

Civil (consolidated) / Interlocutory Application to Adjourn Trial; Application for Late Discovery and Costs Hearing

Legal Issues

  1. 1 Whether the trial dates set as milestone dates should be adjourned
  2. 2 Whether the witness’s business travel constitutes exceptional circumstances under Order 35 and PD5.2/10
  3. 3 Whether to allow late discovery of a correction notice and related email

Ratio Decidendi

Milestone trial dates fixed for case management cannot be adjourned for commercial convenience of a party or its witness; a late decision to attend an exhibition does not constitute an exceptional circumstance under Order 35 and PD5.2/10, therefore the adjournment application is dismissed; late discovery of a correction notice made after earlier discovery is allowable where no prejudice arises.

Court Disposition

Application to adjourn dismissed; late discovery allowed in part; costs orders made

Orders

  • Adjournment application dismissed with costs to the defendant, to be taxed if not agreed, with certificate for counsel.
  • Late discovery of correction notice and related email allowed; costs in respect of that discovery to be paid by the plaintiff to the defendant, to be taxed if not agreed.