LIU HON WONG AND OTHERS v. LIU CHEE KWAN AND ANOTHER

LIU HON WONG AND OTHERS v. LIU CHEE KWAN AND ANOTHER

All three applications were dismissed because they were last-minute, lacked adequate explanatory affidavit evidence, departed from earlier confirmations in the plaintiffs' listing questionnaire that pleadings and discovery were complete, and would cause prejudice and real risk of derailing or prolonging the fixed...

Source-derived case information.

Citation
[2022] HKCFI 3157
Parties
1st Plaintiff: LIU HON WONG (廖漢旺); 2nd Plaintiff: LIU TSE WAH alias EDMUND TSE WAH LIU (廖滋華); 3rd Plaintiff (administrator of Estate of Liu Hon Kee Evan, Deceased): LIU TSE WAH alias EDMUND TSE WAH LIU (廖滋華), administrator of the estate of LIU HON KEE EVAN alias LIU HON KEE alias EVAN HON-KEE LIU, deceased; 1st Defendant: LIU CHEE KWAN (廖滋鈞); 2nd Defendant: LIU WAI MAN (廖惠民)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 October 2022
Case Number
HCA953/2017
Procedural Posture
Civil Fiduciary and Property Dispute / Pre Trial Review (interlocutory)
Outcome
All three summonses dismissed with costs awarded to the defendants to be taxed on an indemnity basis if not agreed
Legal Topics
Amendment of Pleadings, Late Pre Trial Applications, Eshelby Rule and Post Writ Amendments, Video Conferencing Evidence, Costs (indemnity)
Source Language
en
Fiduciary Duty Property Law Civil Procedure Discovery Evidence Law Amendment of Pleadings Late Pre Trial Applications Eshelby Rule and Post Writ Amendments +2 more

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Parties

LIU HON WONG (廖漢旺)

1st Plaintiff

LIU TSE WAH alias EDMUND TSE WAH LIU (廖滋華)

2nd Plaintiff

LIU TSE WAH alias EDMUND TSE WAH LIU (廖滋華), administrator of the estate of LIU HON KEE EVAN alias LIU HON KEE alias EVAN HON-KEE LIU, deceased

3rd Plaintiff (administrator of Estate of Liu Hon Kee Evan, Deceased)

LIU CHEE KWAN (廖滋鈞)

1st Defendant

LIU WAI MAN (廖惠民)

2nd Defendant

Procedural Posture

Civil Fiduciary and Property Dispute / Pre Trial Review (interlocutory)

Legal Issues

  1. 1 whether to allow re-amendment of the Amended Statement of Claim to plead post-writ lease periods and market rent particulars
  2. 2 whether to permit late discovery by filing 4th and 5th Supplemental Lists of Documents
  3. 3 whether to allow an important witness to give evidence by Video-Conferencing Facilities (VCF)

Ratio Decidendi

All three applications were dismissed because they were last-minute, lacked adequate explanatory affidavit evidence, departed from earlier confirmations in the plaintiffs' listing questionnaire that pleadings and discovery were complete, and would cause prejudice and real risk of derailing or prolonging the fixed trial. The absence of satisfactory justification for delay and the significant prejudice to defendants warranted refusal of amendment and late discovery; absence of direct evidence from the witness and his importance meant VCF was not justified. Indemnity costs were ordered against plaintiffs.

Court Disposition

All three summonses dismissed with costs awarded to the defendants to be taxed on an indemnity basis if not agreed

Orders

  • The Amendment Summons (leave to re-amend pleadings) is dismissed
  • The Discovery Summons (leave to file 4th and 5th SLOD) is dismissed