WONG CHI MING JACK v. LAW YING FAI AND ANOTHER

WONG CHI MING JACK v. LAW YING FAI AND ANOTHER

The court found the plaintiff's explanation for lateness reasonable and the proposed evidence relevant to rebut the respondents' reliance on the sign-in record; any prejudice to the respondents could be remedied by costs and editing, therefore the application to adduce the additional witness statements was allowed subject to editing and a cost order.

Citation
WONG CHI MING JACK v. LAW YING FAI AND ANOTHER
Parties
1st Respondent: HENG TAT CONSTRUCTION COMPANY LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
16 November 2005
Case Number
DCEC48/2004
Procedural Posture
Personal Injury / Employment Compensation / Pre Trial Application to Adduce Additional Evidence (summons)
Outcome
Summons granted in part: plaintiff allowed to adduce witness statements of three additional witnesses subject to editing; costs ordered against respondents on a party and party basis to be taxed if not agreed; plaintiff's own costs to be assessed under legal aid regulations.
Legal Topics
Adduction of Fresh Evidence, Late Disclosure, Costs, Employment Status
Source Language
EN
Employment Law Personal Injury Civil Procedure Evidence Adduction of Fresh Evidence Late Disclosure Costs Employment Status

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Parties

HENG TAT CONSTRUCTION COMPANY LIMITED

1st Respondent

Procedural Posture

Personal Injury / Employment Compensation / Pre Trial Application to Adduce Additional Evidence (summons)

Legal Issues

  1. 1 Whether the court should allow the plaintiff to adduce late witness evidence
  2. 2 Relevance of fresh evidence to challenge sign-in record evidence of Mr. Cheung
  3. 3 Whether allowing late evidence would prejudice respondents and affect trial timetable

Ratio Decidendi

The court found the plaintiff's explanation for lateness reasonable and the proposed evidence relevant to rebut the respondents' reliance on the sign-in record; any prejudice to the respondents could be remedied by costs and editing, therefore the application to adduce the additional witness statements was allowed subject to editing and a cost order.

Court Disposition

Summons granted in part: plaintiff allowed to adduce witness statements of three additional witnesses subject to editing; costs ordered against respondents on a party and party basis to be taxed if not agreed; plaintiff's own costs to be assessed under legal aid regulations.

Orders

  • Allow plaintiff to adduce fresh evidence (three additional witness statements) subject to editing as directed in court
  • Costs of the summons to the respondents in any event on a party and party basis, to be taxed if not agreed