BUTT TZE LEUNG v. THE HONG KONG POLYTECHNIC UNIVERSITY, the body corporate having management and control of THE OPTOMETRY CLINIC AT THE HONG KONG POLYTECHNIC UNIVERSITY AND OTHERS

BUTT TZE LEUNG v. THE HONG KONG POLYTECHNIC UNIVERSITY, the body corporate having management and control of THE OPTOMETRY CLINIC AT THE HONG KONG POLYTECHNIC UNIVERSITY AND OTHERS

The court held that Tran's successive amended defences filed without her statement(s) of truth are ineffective as regards her; she must verify the RAD and RRAD within 35 days or the amendments concerning her are struck out and she is debarred from adducing evidence in respect of them; certain interrogatories (questions 7,9,10,15,16,18) were necessary and granted with a 35-day answer period (but the court declined to impose a disproportionate automatic striking-out consequence for failure); defendants University and Yu were granted retrospective leave to amend their RRAD in terms of the RRRAD except specified objected paragraphs which were expunged; costs orders were allocated accordingly.

Citation
[2025] HKCFI 1587
Parties
Plaintiff: Butt; 1st Defendant: The University; 2nd Defendant: Yu; 3rd Defendant: Tran
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
17 April 2025
Case Number
HCPI726/2018
Procedural Posture
Medical Negligence and Trespass to Person / Interlocutory Applications (verification, Interrogatories, Expunction)
Outcome
Applications granted in part and refused in part; orders made as to verification, interrogatories, expunction (retrospective leave limited) and costs
Legal Topics
Statement of Truth/verification, Interrogatories, Amendment of Pleadings/retrospective Leave, Striking Out Pleadings, Vicarious Liability, Costs
Source Language
EN
Medical Negligence Tort Civil Procedure Professional Regulation Statement of Truth/verification Interrogatories Amendment of Pleadings/retrospective Leave Striking Out Pleadings +2 more

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Parties

Butt

Plaintiff

The University

1st Defendant

Yu

2nd Defendant

Tran

3rd Defendant

Procedural Posture

Medical Negligence and Trespass to Person / Interlocutory Applications (verification, Interrogatories, Expunction)

Legal Issues

  1. 1 Whether amended defences must be verified by a statement of truth and consequences of non-compliance
  2. 2 Whether interrogatories should be permitted and which specific questions are necessary
  3. 3 Whether parts of the defendants' amended defence exceeded the leave granted and should be expunged

Ratio Decidendi

The court held that Tran's successive amended defences filed without her statement(s) of truth are ineffective as regards her; she must verify the RAD and RRAD within 35 days or the amendments concerning her are struck out and she is debarred from adducing evidence in respect of them; certain interrogatories (questions 7,9,10,15,16,18) were necessary and granted with a 35-day answer period (but the court declined to impose a disproportionate automatic striking-out consequence for failure); defendants University and Yu were granted retrospective leave to amend their RRAD in terms of the RRRAD except specified objected paragraphs which were expunged; costs orders were allocated accordingly.

Court Disposition

Applications granted in part and refused in part; orders made as to verification, interrogatories, expunction (retrospective leave limited) and costs

Orders

  • Unless Tran files statements of truth verifying the RAD (filed 15 June 2020) and the RRAD (filed 23 October 2020) within 35 days from service of this order, the amendments in those pleadings insofar as they concern her are struck out and she is debarred from relying on or adducing evidence in respect of any such...
  • Leave granted to plaintiff to serve the interrogatories annexed to the summons on Tran limited to questions 7, 9, 10, 15, 16 and 18; Tran to file answers by affidavit and serve them within 35 days from service of this order.