TING PUI LEUNG v. ETERNAL EAST CROSS-BORDER COACH MGT LTD

TING PUI LEUNG v. ETERNAL EAST CROSS-BORDER COACH MGT LTD

There was a prima facie case that the documents may be relevant and may be in the applicant's possession; accordingly the applicant was ordered to file and serve an affirmation within 14 days stating whether the documents listed exist or have ever been in the applicant's possession, custody or power and, if so, what...

Source-derived case information.

Citation
TING PUI LEUNG v. ETERNAL EAST CROSS-BORDER COACH MGT LTD
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
5 September 2006
Case Number
DCEC996/2005
Procedural Posture
Interlocutory Discovery Application in Employees Compensation Proceedings / Pre Trial / Interlocutory
Outcome
Applicant ordered to file and serve an affirmation within 14 days; no immediate production order; trial not to be warned before 10 November 2006; costs reserved and applicant's costs to be taxed under the Legal Aid Regulations.
Legal Topics
Discovery, Production of Documents, Relevance, Possession Custody or Power, Assessment of Compensation, Statutory Interpretation
Source Language
en
Employment Law Civil Procedure Evidence Personal Injury Discovery Production of Documents Relevance Possession Custody or Power +2 more

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Summary, issues, holding and outcome

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Interlocutory Discovery Application in Employees Compensation Proceedings / Pre Trial / Interlocutory

Legal Issues

  1. 1 Whether there is sufficient evidence that the documents exist and remain undisclosed
  2. 2 Whether the documents are relevant to assessment of compensation under the Employees Compensation Ordinance
  3. 3 Whether the applicant has possession, custody or power of the documents

Ratio Decidendi

There was a prima facie case that the documents may be relevant and may be in the applicant's possession; accordingly the applicant was ordered to file and serve an affirmation within 14 days stating whether the documents listed exist or have ever been in the applicant's possession, custody or power and, if so, what became of them; production was not ordered at this stage and may be sought later depending on the affirmation; the trial listing and costs directions were specified.

Court Disposition

Applicant ordered to file and serve an affirmation within 14 days; no immediate production order; trial not to be warned before 10 November 2006; costs reserved and applicant's costs to be taxed under the Legal Aid Regulations.

Orders

  • Applicant to file and serve the affirmation requested by the respondent within 14 days from the date of the order
  • No order for production of the documents at this stage