CHAU TACK v. MARRIOTT HONG KONG LTD AND ANOTHER

CHAU TACK v. MARRIOTT HONG KONG LTD AND ANOTHER

The court held that clinical microbiological expert evidence on liability and causation is relevant, necessary and of probative value given the paucity of objective evidence; clinical microbiologists are best placed to opine on the likely source, portal of entry and incubation/pathogenesis of streptococcus pyogenes...

Source-derived case information.

Citation
CHAU TACK v. MARRIOTT HONG KONG LTD AND ANOTHER
Parties
Plaintiff: Chau Tack; 1st Defendant: Marriott Hong Kong Limited; 2nd Defendant: Queensway Hotel Limited doing business as JW Marriott Hong Kong
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 April 2010
Case Number
HCPI805/2008
Procedural Posture
Personal Injury / Interlocutory Summons for Expert Evidence and Directions Hearing
Outcome
Summons granted in part: parties permitted to adduce expert evidence on liability and causation from one clinical microbiological expert and one orthopaedic expert each; specified case management directions issued; leave granted to rely on plaintiff's second affidavit for the summons
Legal Topics
Expert Evidence Admissibility, Causation, Liability, Clinical Microbiology Evidence, Case Management Directions
Source Language
en
Tort Personal Injury Evidence Expert Evidence Admissibility Causation Liability Clinical Microbiology Evidence Case Management Directions

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Parties

Chau Tack

Plaintiff

Marriott Hong Kong Limited

1st Defendant

Queensway Hotel Limited doing business as JW Marriott Hong Kong

2nd Defendant

Procedural Posture

Personal Injury / Interlocutory Summons for Expert Evidence and Directions Hearing

Legal Issues

  1. 1 Whether the plaintiff sustained the cut during the alleged accident
  2. 2 If a cut was sustained, whether the plantar wound was the portal of entry for streptococcus pyogenes
  3. 3 Whether clinical microbiological expert evidence is relevant, necessary and of probative value for issues of liability and causation

Ratio Decidendi

The court held that clinical microbiological expert evidence on liability and causation is relevant, necessary and of probative value given the paucity of objective evidence; clinical microbiologists are best placed to opine on the likely source, portal of entry and incubation/pathogenesis of streptococcus pyogenes and thereby assist the trial judge. Accordingly the court granted leave for each party to adduce one clinical microbiological expert and one orthopaedic expert and gave specified directions for exchange and case management.

Court Disposition

Summons granted in part: parties permitted to adduce expert evidence on liability and causation from one clinical microbiological expert and one orthopaedic expert each; specified case management directions issued; leave granted to rely on plaintiff's second affidavit for the summons

Orders

  • Leave granted for each party to adduce one clinical microbiological expert and one orthopaedic expert on liability and causation
  • Plaintiff granted leave to rely on the second affidavit of Mr Au for the purpose of the Summons