KAN WAI YIP v. EVERBEST PORT SERVICES LTD

KAN WAI YIP v. EVERBEST PORT SERVICES LTD

Application to adduce a supplemental orthopaedic report was refused because it was plainly late, the proposed evidence was unnecessary for just adjudication (both orthopaedic experts had opined MMI and had addressed employability from a medical perspective), opinions as to percentage LOEC are not for medical experts but for the court, and allowing the application would cause unjustified delay and costs.

Citation
KAN WAI YIP v. EVERBEST PORT SERVICES LTD
Parties
Applicant: Applicant; Respondent: Respondent
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
3 February 2009
Case Number
DCEC383/2008
Procedural Posture
Employees' Compensation Claim (personal Injury) / Interlocutory Application for Leave to Adduce Supplemental Expert Evidence (pre Trial)
Outcome
Summons dismissed in part; application to adduce supplemental orthopaedic report refused; case window for trial adjusted; costs ordered against Applicant
Legal Topics
Expert Evidence, Loss of Earning Capacity, Medical Assessment Board (form 7), Adjournment, Late Application, Costs
Source Language
EN
Employment Law Personal Injury Civil Procedure Workers' Compensation Evidence Law Expert Evidence Loss of Earning Capacity Medical Assessment Board (form 7) +3 more

Case Brief

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Parties

Applicant

Applicant

Respondent

Respondent

Procedural Posture

Employees' Compensation Claim (personal Injury) / Interlocutory Application for Leave to Adduce Supplemental Expert Evidence (pre Trial)

Legal Issues

  1. 1 Whether leave should be granted to adduce a supplemental orthopaedic expert report shortly before trial
  2. 2 Whether a medical expert may give an opinion expressed as a percentage loss of earning capacity (LOEC)
  3. 3 Whether the court should adjourn to await MAB assessment/Form 7

Ratio Decidendi

Application to adduce a supplemental orthopaedic report was refused because it was plainly late, the proposed evidence was unnecessary for just adjudication (both orthopaedic experts had opined MMI and had addressed employability from a medical perspective), opinions as to percentage LOEC are not for medical experts but for the court, and allowing the application would cause unjustified delay and costs.

Court Disposition

Summons dismissed in part; application to adduce supplemental orthopaedic report refused; case window for trial adjusted; costs ordered against Applicant

Orders

  • Paragraphs 1 and 3 of the Summons dismissed
  • Case to be set down for trial in the running list not to be warned before 17 February 2009 instead of 13 January 2009