HO KWAI WA 對 棉紡會中學法團校董會

HO KWAI WA 對 棉紡會中學法團校董會

Except for two discrete factual clarifications (questions (4) and (5)), the expert's report did not contain medical ambiguities requiring oral evidence; many of the applicant's queries arose from non-medical issues or misinterpretation of the report and can be resolved by the judge or by a written supplementary...

Source-derived case information.

Citation
[2026] HKDC 49
Parties
Applicant: HO KWAI WA; Respondent: 棉紡會中學法團校董會
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 January 2026
Case Number
DCEC1533/2023
Procedural Posture
Employee Compensation / Pre Trial Application to Summon Expert
Outcome
application dismissed except that written clarification on two specified questions is ordered
Legal Topics
Expert Witness Attendance, Medical Evidence, Costs, Admissibility
Source Language
ch
Workers' Compensation Expert Evidence Civil Procedure Expert Witness Attendance Medical Evidence Costs Admissibility

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Parties

HO KWAI WA

Applicant

棉紡會中學法團校董會

Respondent

Procedural Posture

Employee Compensation / Pre Trial Application to Summon Expert

  1. 1 whether the single medical expert should be summoned to give oral evidence and be cross-examined
  2. 2 whether the expert report contains ambiguities or requires clarification on medical issues
  3. 3 whether requested questions relate to medical issues or factual/language misunderstandings

Ratio Decidendi

Except for two discrete factual clarifications (questions (4) and (5)), the expert's report did not contain medical ambiguities requiring oral evidence; many of the applicant's queries arose from non-medical issues or misinterpretation of the report and can be resolved by the judge or by a written supplementary report. Given the likely disproportionate costs of oral expert attendance relative to the claim, the application to summon the expert was refused; respondent must instead seek written answers and a supplementary report from the expert within specified time limits. Applicant ordered to pay 80% of respondent's costs of this application subject to summary assessment and procedural...

Court Disposition

application dismissed except that written clarification on two specified questions is ordered

Orders

  • Application dated 18/12/2025 by applicant to summon Dr Au dismissed
  • Respondent to serve on Dr Au (with a copy to applicant) written questions reflecting the applicant's clarifications on questions (4) and (5) within 7 days of this order and to obtain a supplementary expert report