ESPORTS BUSINESS DEVELOPMENT LTD v. WONG CHUN YEE CHRISTOPHER

ESPORTS BUSINESS DEVELOPMENT LTD v. WONG CHUN YEE CHRISTOPHER

The summons was dismissed because the applicant failed to provide adequate, substantiated evidence that attendance in person was impossible or that VCF was necessary; the commercial Project was the primary motive and was insufficiently explained; the applicant intended to attend when the trial was fixed; the...

Source-derived case information.

Citation
[2022] HKCFI 2627
Parties
Plaintiff (original Action): Esports Business Development Limited; Defendant (original Action): Wong Chun Yee Christopher; Plaintiff (by Counterclaim): Wong Chun Yee Christopher; 1st Defendant (by Counterclaim): Esports Business Development Limited; 2nd Defendant (by Counterclaim): Victor Chan How Chung
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
23 August 2022
Case Number
HCA1953/2018
Procedural Posture
Civil (counterclaim) / Pre Trial Review (application for Leave to Give Evidence by Video Conferencing)
Outcome
Summons dismissed; leave to give evidence by video-conferencing refused
Legal Topics
Video Conferencing Evidence, Witness Attendance, Case Management, Costs, Covid 19 Travel Restrictions
Source Language
en
Civil Procedure Evidence Commercial Law Video Conferencing Evidence Witness Attendance Case Management Costs Covid 19 Travel Restrictions

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Parties

Esports Business Development Limited

Plaintiff (original Action)

Wong Chun Yee Christopher

Defendant (original Action)

Wong Chun Yee Christopher

Plaintiff (by Counterclaim)

Esports Business Development Limited

1st Defendant (by Counterclaim)

Victor Chan How Chung

2nd Defendant (by Counterclaim)

Procedural Posture

Civil (counterclaim) / Pre Trial Review (application for Leave to Give Evidence by Video Conferencing)

Legal Issues

  1. 1 Whether leave should be granted to give evidence by video-conferencing facilities (VCF)
  2. 2 Whether the applicant has adduced adequate evidence to justify departure from in-person attendance
  3. 3 Whether allowing VCF would unfairly prejudice the opposing party in cross-examination and credibility assessment

Ratio Decidendi

The summons was dismissed because the applicant failed to provide adequate, substantiated evidence that attendance in person was impossible or that VCF was necessary; the commercial Project was the primary motive and was insufficiently explained; the applicant intended to attend when the trial was fixed; the evidence was likely to be hotly contested so in-person cross-examination was required to avoid prejudice; accordingly leave to give evidence by VCF was denied and costs were awarded against the applicant.

Court Disposition

Summons dismissed; leave to give evidence by video-conferencing refused

Orders

  • Summons dismissed
  • Costs to follow the event; Victor Chan to bear the costs of the Summons with certificate for two counsel