NG POK LEUNG AND ANOTHER v. NG POK MAN AND ANOTHER

NG POK LEUNG AND ANOTHER v. NG POK MAN AND ANOTHER

Leave was granted because the proposed witness statement was necessary for a just resolution, the trial date was sufficiently remote to make disruption unlikely, and there was no evidence of conscious flouting or deliberate manipulation of the case management timetable by the plaintiffs.

Citation
NG POK LEUNG AND ANOTHER v. NG POK MAN AND ANOTHER
Parties
1st Plaintiff: NG POK LEUNG; 2nd Plaintiff: NG TAM ON; 1st Defendant: NG POK MAN; 2nd Defendant: WONG KWOK WAI
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
9 August 2013
Case Number
DCCJ2552/2012
Procedural Posture
Civil Action / Interlocutory Pre Trial Application for Leave to File Witness Statement
Outcome
Application granted with conditions
Legal Topics
Witness Statements, Service of Evidence, Case Management Timetable
Source Language
EN
Civil Procedure Evidence Case Management Witness Statements Service of Evidence Case Management Timetable

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 2 Party arguments 2
Sign in to unlock

Parties

NG POK LEUNG

1st Plaintiff

NG TAM ON

2nd Plaintiff

NG POK MAN

1st Defendant

WONG KWOK WAI

2nd Defendant

Procedural Posture

Civil Action / Interlocutory Pre Trial Application for Leave to File Witness Statement

Legal Issues

  1. 1 Whether plaintiffs should be granted leave to file and serve a witness statement out of time
  2. 2 Whether service of the witness statement on the defendants should be dispensed with
  3. 3 Whether defendants should be permitted to file supplemental witness statements to reply only to matters raised

Ratio Decidendi

Leave was granted because the proposed witness statement was necessary for a just resolution, the trial date was sufficiently remote to make disruption unlikely, and there was no evidence of conscious flouting or deliberate manipulation of the case management timetable by the plaintiffs.

Court Disposition

Application granted with conditions

Orders

  • Leave granted to the plaintiffs to file and serve the Witness Statement.
  • Service of the Witness Statement on the defendants is dispensed with.