曾來發 對 新福港營造有限公司（前名孫福記）

曾來發 對 新福港營造有限公司（前名孫福記）

The defendant's application to strike out was granted because the plaintiff failed to demonstrate incapacity or any new substantive reason to excuse a 21‑plus year delay and the delay caused irremediable prejudice to the defendant's ability to obtain evidence and witnesses, making a fair trial impossible.

Citation
曾來發 對 新福港營造有限公司（前名孫福記）
Parties
原告: 曾來發; 被告: 新福港營造有限公司（前名孫福記）
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
29 May 2013
Case Number
HCPI412/2012
Procedural Posture
Personal Injury / Limitation Strike Out Application
Outcome
Claim struck out as time-barred; defendant's application granted
Legal Topics
Statute of Limitations, Extension of Limitation, Incapacity, Prejudice Due to Loss of Evidence, Site Security Liability
Source Language
CH
Tort Limitation of Actions Statute of Limitations Extension of Limitation Incapacity Prejudice Due to Loss of Evidence Site Security Liability

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Parties

曾來發

原告

新福港營造有限公司（前名孫福記）

被告

Procedural Posture

Personal Injury / Limitation Strike Out Application

Legal Issues

  1. 1 Whether the court should disapply the Limitation Ordinance and allow an out-of-time personal injury claim
  2. 2 Whether the plaintiff was legally incapacitated or suffered such disability as to justify extending the limitation period
  3. 3 Whether the defendant would be prejudiced by the delay because evidence and witnesses are no longer available

Ratio Decidendi

The defendant's application to strike out was granted because the plaintiff failed to demonstrate incapacity or any new substantive reason to excuse a 21‑plus year delay and the delay caused irremediable prejudice to the defendant's ability to obtain evidence and witnesses, making a fair trial impossible.

Court Disposition

Claim struck out as time-barred; defendant's application granted

Orders

  • Proceeding dismissed (claim struck out)
  • Plaintiff to pay the costs of the proceedings including the costs of the summons hearing; if parties cannot agree on costs, costs to be assessed by the court