CHAN KAM SAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER

CHAN KAM SAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER

The court held that documents filed and disclosed in the employees' compensation proceeding are relevant and necessary to determine the plaintiff's past earnings and loss of earning capacity and therefore ordered disclosure; the appeal against Master B Kwan's paragraph requiring disclosure was dismissed because...

Source-derived case information.

Citation
CHAN KAM SAU v. THE KOWLOON MOTOR BUS CO (1933) LTD AND ANOTHER
Parties
Plaintiff: Chan Kam Sau; 1st Defendant: The Kowloon Motor Bus Co. (1933) Ltd.; 2nd Defendant: Leung Chi Lam
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
11 June 2007
Case Number
HCPI894/2006
Procedural Posture
Personal Injuries Action No. 894 of 2006 / Appeal From Master B Kwan's Discovery Order Heard by Recorder P Fung SC in Chambers
Outcome
Appeal dismissed
Legal Topics
Discovery of Documents, List of Documents (order 24 Rule 3), Relevance and Necessity of Disclosure, Loss of Earnings and Earning Capacity, Costs and Taxation
Source Language
en
Personal Injury Civil Procedure Employment/employees' Compensation Discovery of Documents List of Documents (order 24 Rule 3) Relevance and Necessity of Disclosure Loss of Earnings and Earning Capacity Costs and Taxation

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Parties

Chan Kam Sau

Plaintiff

The Kowloon Motor Bus Co. (1933) Ltd.

1st Defendant

Leung Chi Lam

2nd Defendant

Procedural Posture

Personal Injuries Action No. 894 of 2006 / Appeal From Master B Kwan's Discovery Order Heard by Recorder P Fung SC in Chambers

Legal Issues

  1. 1 Whether documents from the employees' compensation proceeding (DCEC No.1361/2005) are relevant and necessary to the plaintiff's damages claim in the present personal injury action
  2. 2 Whether an order for discovery of those documents was premature given the ongoing employees' compensation proceedings
  3. 3 Whether compliance with the discovery order would cause undue difficulty or hardship to the plaintiff

Ratio Decidendi

The court held that documents filed and disclosed in the employees' compensation proceeding are relevant and necessary to determine the plaintiff's past earnings and loss of earning capacity and therefore ordered disclosure; the appeal against Master B Kwan's paragraph requiring disclosure was dismissed because discovery was necessary and would not cause undue hardship.

Court Disposition

Appeal dismissed

Orders

  • Appeal dismissed with costs to the Defendants
  • Taxation for the Plaintiff's costs in accordance with the Legal Aid Regulations