LEE SAU FAT v. F. H. SECURITY SERVICES CO LTD

LEE SAU FAT v. F. H. SECURITY SERVICES CO LTD

The court concluded parties should have disclosed the existence and content of expert examinations/reports and the related PI action to the EC court, ordered consolidation of the two EC actions, limited expert evidence to one orthopaedic and one psychiatric expert per party, directed joint supplemental orthopaedic and psychiatric reports with specified deadlines and procedures, and allocated costs so that neither party may recover costs of their pre-existing solo expert examinations/reports from the other (each party to bear those costs); legal aid taxation of applicant's costs was permitted to be pursued.

Citation
LEE SAU FAT v. F. H. SECURITY SERVICES CO LTD
Parties
Applicant / Plaintiff: Lee Sau Fat; Respondent / Defendant: F. H. Security Services Company Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 July 2009
Case Number
DCEC120/2007
Procedural Posture
Employees Compensation and Personal Injury Litigation (consolidated) / Directions / Pre Trial Case Management
Outcome
Directions granted; 1st and 2nd EC Actions consolidated and comprehensive case management timetable imposed; joint supplemental expert reports ordered; costs directions made (each party bears costs of their solo expert reports); further hearings adjourned to October 8, 2009.
Legal Topics
Employees' Compensation Assessment (mab), Joint Versus Solo Expert Evidence, Case Management and Disclosure Obligations, Consolidation of Actions, Sanctions and Costs, Legal Aid Taxation
Source Language
EN
Employees Compensation Personal Injury Civil Procedure Evidence (expert) Costs Employees' Compensation Assessment (mab) Joint Versus Solo Expert Evidence Case Management and Disclosure Obligations +3 more

Case Brief

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Parties

Lee Sau Fat

Applicant / Plaintiff

F. H. Security Services Company Limited

Respondent / Defendant

Procedural Posture

Employees Compensation and Personal Injury Litigation (consolidated) / Directions / Pre Trial Case Management

Legal Issues

  1. 1 Whether parties were obliged to disclose existence and results of expert medical examinations/reports and related personal injury proceedings to the EC court
  2. 2 Whether solo expert examinations/reports were justified or whether court-ordered joint expert reports were required
  3. 3 Proper timing and sequencing of obtaining expert evidence vis-à-vis MAB assessments

Ratio Decidendi

The court concluded parties should have disclosed the existence and content of expert examinations/reports and the related PI action to the EC court, ordered consolidation of the two EC actions, limited expert evidence to one orthopaedic and one psychiatric expert per party, directed joint supplemental orthopaedic and psychiatric reports with specified deadlines and procedures, and allocated costs so that neither party may recover costs of their pre-existing solo expert examinations/reports from the other (each party to bear those costs); legal aid taxation of applicant's costs was permitted to be pursued.

Court Disposition

Directions granted; 1st and 2nd EC Actions consolidated and comprehensive case management timetable imposed; joint supplemental expert reports ordered; costs directions made (each party bears costs of their solo expert reports); further hearings adjourned to October 8, 2009.

Orders

  • 1st and 2nd EC Actions consolidated and to be tried together; 1st EC Action lead
  • Limited expert evidence: one orthopaedic and one psychiatric expert per party (Drs Lam & Ng for applicant; Drs Cheng & Chow for respondent)