HAN PING YUEN v. TANG KOON TSAN AND ANOTHER

HAN PING YUEN v. TANG KOON TSAN AND ANOTHER

The applicant failed to demonstrate exceptional circumstances to justify vacating the fixed trial date or leave to file further witness statements; the only appropriate relief was ordering the 2nd respondent to verify its Reply by affidavit, and costs were awarded to the 2nd respondent.

Citation
HAN PING YUEN v. TANG KOON TSAN AND ANOTHER
Parties
Applicant: Han Ping Yuen; 1st Respondent: Tang Koon Tsan; 2nd Respondent: KOON LAM VEGETABLE MARKETING COOPERATIVE SOCIETY LTD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
15 February 2016
Case Number
DCEC528/2014
Procedural Posture
Employees' Compensation Claim / Interlocutory (pre Trial Application)
Outcome
Summons dismissed except for an order that the 2nd respondent verify its Reply by affidavit; costs awarded to the 2nd respondent, to be taxed, applicant's own costs to be taxed under legal aid regulations.
Legal Topics
Employees' Compensation Ordinance, Interrogatories, Discovery, Trial Scheduling, Costs
Source Language
EN
Employment & Labour Law Civil Procedure Compensation Law Employees' Compensation Ordinance Interrogatories Discovery Trial Scheduling Costs

Case Brief

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Parties

Han Ping Yuen

Applicant

Tang Koon Tsan

1st Respondent

KOON LAM VEGETABLE MARKETING COOPERATIVE SOCIETY LTD

2nd Respondent

Procedural Posture

Employees' Compensation Claim / Interlocutory (pre Trial Application)

Legal Issues

  1. 1 Whether the 2nd respondent must verify answers to interrogatories by affidavit
  2. 2 Whether leave should be granted to file further/supplemental witness statements
  3. 3 Whether the scheduled trial date should be vacated and re-fixed

Ratio Decidendi

The applicant failed to demonstrate exceptional circumstances to justify vacating the fixed trial date or leave to file further witness statements; the only appropriate relief was ordering the 2nd respondent to verify its Reply by affidavit, and costs were awarded to the 2nd respondent.

Court Disposition

Summons dismissed except for an order that the 2nd respondent verify its Reply by affidavit; costs awarded to the 2nd respondent, to be taxed, applicant's own costs to be taxed under legal aid regulations.

Orders

  • 2nd respondent to file an affidavit verifying its Reply on or before 12 February 2016
  • Rest of the summons dismissed