LUAN GANG v. SIMPSON MARINE LTD

LUAN GANG v. SIMPSON MARINE LTD

Application dismissed because it was brought at an inordinate and wholly inexcusable late stage causing real prejudice; the medical certificates were inadmissible for failure to comply with RHC Orders regarding statements of truth and declarations of duty; even if accepted, the medical evidence was vague and did not show travel to Hong Kong was impossible or life‑threatening, and VCF is inappropriate where credibility is in issue; indemnity costs ordered against applicant and Offtech.

Citation
LUAN GANG v. SIMPSON MARINE LTD
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): LUAN GANG; Defendant (original Action); Plaintiff (counterclaim and Admiralty): SIMPSON MARINE LIMITED; 2nd Defendant (counterclaim): OFFTECH INTERNATIONAL LIMITED; Defendants (admiralty): THE OWNERS OF THE SHIP M/V MAGGIE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 September 2013
Case Number
HCA107/2011
Procedural Posture
Consolidated Civil and Admiralty Actions (hca 107/2011; HCAJ 171/2011) / Interlocutory Pre Trial Application to Give Evidence by Video Link; Decision on Application
Outcome
Application dismissed.
Legal Topics
Video Conferencing Facilities (vcf), Admissibility of Expert/medical Certificates, Delay and Late Interlocutory Applications, Medical Fitness to Travel, Witness Credibility, Indemnity Costs
Source Language
EN
Civil Procedure Evidence Admiralty Medical Evidence Costs Video Conferencing Facilities (vcf) Admissibility of Expert/medical Certificates Delay and Late Interlocutory Applications +3 more

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Parties

LUAN GANG

Plaintiff (original Action); 1st Defendant (counterclaim)

SIMPSON MARINE LIMITED

Defendant (original Action); Plaintiff (counterclaim and Admiralty)

OFFTECH INTERNATIONAL LIMITED

2nd Defendant (counterclaim)

THE OWNERS OF THE SHIP M/V MAGGIE

Defendants (admiralty)

Procedural Posture

Consolidated Civil and Admiralty Actions (hca 107/2011; HCAJ 171/2011) / Interlocutory Pre Trial Application to Give Evidence by Video Link; Decision on Application

Legal Issues

  1. 1 Whether applicant may give evidence by video link
  2. 2 Whether the medical certificates are admissible as expert evidence
  3. 3 Whether the application should be dismissed for inordinate and unexplained delay

Ratio Decidendi

Application dismissed because it was brought at an inordinate and wholly inexcusable late stage causing real prejudice; the medical certificates were inadmissible for failure to comply with RHC Orders regarding statements of truth and declarations of duty; even if accepted, the medical evidence was vague and did not show travel to Hong Kong was impossible or life‑threatening, and VCF is inappropriate where credibility is in issue; indemnity costs ordered against applicant and Offtech.

Court Disposition

Application dismissed.

Orders

  • Application dismissed.
  • Order nisi that Mr Luan and Offtech International Limited are to bear the Defendant's costs, to be taxed if not agreed, on an indemnity basis and paid forthwith, with certificate for counsel.