SAMUEL TAK LEE v. TSANG CHIU WING FLORENCE

SAMUEL TAK LEE v. TSANG CHIU WING FLORENCE

The application for a stay was refused because the counterclaim, as pleaded, is not dependent on the outcome of the Court of Appeal appeals and therefore the assessment of damages can and should proceed independently and be expedited; lack of full documentation or need for discovery does not justify further delay.

Source-derived case information.

Citation
SAMUEL TAK LEE v. TSANG CHIU WING FLORENCE
Parties
Plaintiff (original Action); 1st Defendant (counterclaim): Samuel Tak Lee; Defendant (original Action); Plaintiff (counterclaim): Tsang Chiu Wing Florence; 2nd Defendant (counterclaim): Li Kin Kan Samathur
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 December 2012
Case Number
HCA566/2010
Procedural Posture
Civil Counterclaim and Ancillary Relief; Assessment of Damages / Interlocutory Application to Stay Assessment of Damages Pending Court of Appeal Decisions; Hearing and Directions for Future Case Conduct
Outcome
Application to stay assessment of damages refused; directions given to expedite future conduct of the case
Legal Topics
Assessment of Damages, Stay Pending Appeal, Case Management, Discovery, Ancillary Relief
Source Language
en
Civil Family Law Civil Procedure Appeal Law Assessment of Damages Stay Pending Appeal Case Management Discovery +1 more

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Parties

Samuel Tak Lee

Plaintiff (original Action); 1st Defendant (counterclaim)

Tsang Chiu Wing Florence

Defendant (original Action); Plaintiff (counterclaim)

Li Kin Kan Samathur

2nd Defendant (counterclaim)

Procedural Posture

Civil Counterclaim and Ancillary Relief; Assessment of Damages / Interlocutory Application to Stay Assessment of Damages Pending Court of Appeal Decisions; Hearing and Directions for Future Case Conduct

Legal Issues

  1. 1 Whether the assessment of damages should be stayed pending the handing down of Court of Appeal judgments CACV154/2012 and CACV166/2012
  2. 2 Whether the counterclaim is dependent on the outcome of the appeals
  3. 3 Whether lack of documents or need for discovery justifies delaying the assessment

Ratio Decidendi

The application for a stay was refused because the counterclaim, as pleaded, is not dependent on the outcome of the Court of Appeal appeals and therefore the assessment of damages can and should proceed independently and be expedited; lack of full documentation or need for discovery does not justify further delay.

Court Disposition

Application to stay assessment of damages refused; directions given to expedite future conduct of the case

Orders

  • Stay of assessment of damages refused
  • Directions given for the future conduct of the case to expedite the assessment