HONG LOK SCHOOL LTD AND ANOTHER v. CHOW SAI YIU AND ANOTHER

HONG LOK SCHOOL LTD AND ANOTHER v. CHOW SAI YIU AND ANOTHER

The court admitted items 1–6: the judge accepted explanations (including counsel's correction and an affidavit), found the documents relevant and consistent with existing records, found no specific prejudice identified by defendants, and that makers were dead or unlikely to be available so late disclosure would not have materially affected preparation; accordingly exclusion under s47(1)(b) was not justified.

Citation
HONG LOK SCHOOL LTD AND ANOTHER v. CHOW SAI YIU AND ANOTHER
Parties
1st Plaintiff (hca 17139/1999): HONG LOK SCHOOL LIMITED; 2nd Plaintiff (hca 17139/1999): KWAN KO SIU WAH; 1st Defendant (hca 17139/1999): CHOW SAI YIU; 2nd Defendant (hca 17139/1999): CHAN CHEUNG PO; Plaintiff (hca 19001/1999): CHAN CHEUNG PO (executor of the estate of Kwan Bing Sun, deceased); 1st Defendant (hca 19001/1999): KWAN KAY CHEONG; 2nd Defendant (hca 19001/1999): KWAN KO SIU WAH
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 July 2003
Case Number
HCA17139/1999
Procedural Posture
Civil Actions HCA 17139/1999 and HCA 19001/1999 / Trial — Ruling on Admissibility of Late Discovered Documents and Hearsay Notices
Outcome
Plaintiffs permitted to rely on items 1 to 6 of the supplemental list; documents admissible at trial.
Legal Topics
Hearsay, Discovery, Admissibility of Documents, Late Discovery, Adjournment, Cross Examination, Costs and Weight, Evidence Ordinance Sections 47, 47 a, 48
Source Language
EN
Evidence Civil Procedure Civil Litigation Hearsay Discovery Admissibility of Documents Late Discovery Adjournment +3 more

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Parties

HONG LOK SCHOOL LIMITED

1st Plaintiff (hca 17139/1999)

KWAN KO SIU WAH

2nd Plaintiff (hca 17139/1999)

CHOW SAI YIU

1st Defendant (hca 17139/1999)

CHAN CHEUNG PO

2nd Defendant (hca 17139/1999)

CHAN CHEUNG PO (executor of the estate of Kwan Bing Sun, deceased)

Plaintiff (hca 19001/1999)

KWAN KAY CHEONG

1st Defendant (hca 19001/1999)

KWAN KO SIU WAH

2nd Defendant (hca 19001/1999)

Procedural Posture

Civil Actions HCA 17139/1999 and HCA 19001/1999 / Trial — Ruling on Admissibility of Late Discovered Documents and Hearsay Notices

Legal Issues

  1. 1 Whether late-discovered documents (items 1–6) are admissible at trial
  2. 2 Whether failure to serve hearsay notice under s47A(2) affects admissibility
  3. 3 Whether exclusion under s47(1)(b) is warranted due to prejudice to interests of justice

Ratio Decidendi

The court admitted items 1–6: the judge accepted explanations (including counsel's correction and an affidavit), found the documents relevant and consistent with existing records, found no specific prejudice identified by defendants, and that makers were dead or unlikely to be available so late disclosure would not have materially affected preparation; accordingly exclusion under s47(1)(b) was not justified.

Court Disposition

Plaintiffs permitted to rely on items 1 to 6 of the supplemental list; documents admissible at trial.

Orders

  • Plaintiffs permitted to rely on items 1 to 6 at trial.