SETO SHA LI v. LAI JIN TONG AND ANOTHER

SETO SHA LI v. LAI JIN TONG AND ANOTHER

Leave was granted for Lai Lap Ming to give oral evidence by VCF because his residence in Taiwan, the requirement of 35 days quarantine if he were to travel, and overlapping Taiwan civil and criminal proceedings during that quarantine constituted good reasons justifying VCF; the court found no serious prejudice to the other parties and the balance of fairness and efficiency favored VCF.

Citation
[2021] HKCFI 3561
Parties
Plaintiff (original Action); 2nd Defendant (counterclaim): Seto Sha Li; 1st Defendant (original Action); Plaintiff (counterclaim): Lai Jin Tong; 2nd Defendant (original Action): Lai Sin Han Isabel; 1st Defendant (counterclaim): Lai Lap Kee
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
1 December 2021
Case Number
HCA1442/2016
Procedural Posture
Civil Action (consolidated) / Pre Trial Application for Witness to Give Evidence by VCF
Outcome
Leave granted for Lai Lap Ming to give his oral evidence by video conferencing facilities (VCF).
Legal Topics
Video Conferencing Evidence, Witness Attendance and Credibility, Quarantine/covid 19 Impact on Litigation, Court Discretion on Procedure
Source Language
EN
Civil Procedure Evidence Court Technology/vcf Video Conferencing Evidence Witness Attendance and Credibility Quarantine/covid 19 Impact on Litigation Court Discretion on Procedure

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Parties

Seto Sha Li

Plaintiff (original Action); 2nd Defendant (counterclaim)

Lai Jin Tong

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

Lai Sin Han Isabel

2nd Defendant (original Action)

Lai Lap Kee

1st Defendant (counterclaim)

Procedural Posture

Civil Action (consolidated) / Pre Trial Application for Witness to Give Evidence by VCF

Legal Issues

  1. 1 Whether witness may give evidence via video conferencing facilities (VCF)
  2. 2 Whether quarantine requirements and concurrent foreign proceedings justify VCF
  3. 3 Whether allowing VCF would prejudice the other party or undermine credibility assessment

Ratio Decidendi

Leave was granted for Lai Lap Ming to give oral evidence by VCF because his residence in Taiwan, the requirement of 35 days quarantine if he were to travel, and overlapping Taiwan civil and criminal proceedings during that quarantine constituted good reasons justifying VCF; the court found no serious prejudice to the other parties and the balance of fairness and efficiency favored VCF.

Court Disposition

Leave granted for Lai Lap Ming to give his oral evidence by video conferencing facilities (VCF).

Orders

  • Leave granted for Lai Lap Ming to give his oral evidence by VCF