ANTHONY JOHN GETTY v. THE B.C.J. JOINT VENTURE

ANTHONY JOHN GETTY v. THE B.C.J. JOINT VENTURE

Summary judgment was refused because key factual issue (who built the path) was disputed and required testing by cross‑examination; the defendant was granted unconditional leave to defend. However, on balance and on available medical and other evidence the court found a high probability of plaintiff's success on liability and ordered an interim payment of $300,000. Paragraph 3 of the Defence was struck out to the extent it improperly pleaded denials and defendant was permitted to amend to non‑admission. Costs order nisi made in favour of plaintiff for two thirds of costs of the applications.

Citation
ANTHONY JOHN GETTY v. THE B.C.J. JOINT VENTURE
Parties
Plaintiff: Anthony John Getty; Defendant: THE B.C.J. JOINT VENTURE; 1st Third Party: LLOYDS 0683 RJW; 2nd Third Party: INDEPENDENT INSURANCE COMPANY LTD; 3rd Third Party: TRYG BALTICA INSURANCE; 4th Third Party: EAGEL STAR RE; 5th Third Party: CHIYODA FIRE & MARINE INSURANCE; 6th Third Party: QBE INTERNATIONAL INSURANCE LTD; 7th Third Party: GERLING KONZERN GENERAL INSURANCE; 8th Third Party: ACE INSURANCE SA NV; 9th Third Party: NHAMP AIG EUROPE (UK); 10th Third Party: THE TOKIO MARINE & FIRE INSURANCE; 11th Third Party: MITSUI MARINE & FIRE INSURANCE CO. LTD; 12th Third Party: CHINA INSURANCE COMPANY LTD (HONG KONG BRANCH)
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
22 March 2002
Case Number
HCPI719/2000
Procedural Posture
Personal Injuries (occupiers Liability) / Interlocutory Applications (summary Judgment, Interim Payment, Striking Out)
Outcome
Summary judgment refused; unconditional leave to defend granted; interim payment ordered; limited striking out and amendment of Defence permitted; costs awarded nisi to plaintiff.
Legal Topics
Summary Judgment, Interim Payment (order 29), Striking Out, Evidence (witness Statements and Hearsay), Contributory Negligence
Source Language
EN
Tort Occupiers' Liability Personal Injury Civil Procedure Summary Judgment Interim Payment (order 29) Striking Out Evidence (witness Statements and Hearsay) +1 more

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Parties

Anthony John Getty

Plaintiff

THE B.C.J. JOINT VENTURE

Defendant

LLOYDS 0683 RJW

1st Third Party

INDEPENDENT INSURANCE COMPANY LTD

2nd Third Party

TRYG BALTICA INSURANCE

3rd Third Party

EAGEL STAR RE

4th Third Party

CHIYODA FIRE & MARINE INSURANCE

5th Third Party

QBE INTERNATIONAL INSURANCE LTD

6th Third Party

GERLING KONZERN GENERAL INSURANCE

7th Third Party

ACE INSURANCE SA NV

8th Third Party

NHAMP AIG EUROPE (UK)

9th Third Party

THE TOKIO MARINE & FIRE INSURANCE

10th Third Party

MITSUI MARINE & FIRE INSURANCE CO. LTD

11th Third Party

CHINA INSURANCE COMPANY LTD (HONG KONG BRANCH)

12th Third Party

Procedural Posture

Personal Injuries (occupiers Liability) / Interlocutory Applications (summary Judgment, Interim Payment, Striking Out)

Legal Issues

  1. 1 Whether the defendant built the temporary path and is liable for plaintiff's injury
  2. 2 Whether summary judgment is appropriate at interlocutory stage on the available witness statements
  3. 3 Whether an interim payment should be ordered under Order 29

Ratio Decidendi

Summary judgment was refused because key factual issue (who built the path) was disputed and required testing by cross‑examination; the defendant was granted unconditional leave to defend. However, on balance and on available medical and other evidence the court found a high probability of plaintiff's success on liability and ordered an interim payment of $300,000. Paragraph 3 of the Defence was struck out to the extent it improperly pleaded denials and defendant was permitted to amend to non‑admission. Costs order nisi made in favour of plaintiff for two thirds of costs of the applications.

Court Disposition

Summary judgment refused; unconditional leave to defend granted; interim payment ordered; limited striking out and amendment of Defence permitted; costs awarded nisi to plaintiff.

Orders

  • Unconditional leave to the defendant to defend is granted.
  • Interim payment of $300,000 to be paid by the defendant to the plaintiff's solicitors within 21 days of the order.