KONG YIU CHUNG v. HUGETOP HOLDINGS LTD

KONG YIU CHUNG v. HUGETOP HOLDINGS LTD

The court admitted interrogatories that were directly relevant and necessary to determine whether plaintiffs relied on representations about storey height where that reliance was not addressed in witness statements and where answers would shape the need for witnesses and expert evidence and save costs; the court disallowed interrogatories that were fishing, solely concerned credit or evidence appropriate for trial cross-examination, or would not save costs. Specific interrogatories were ordered answered and specific costs awards were made accordingly.

Citation
KONG YIU CHUNG v. HUGETOP HOLDINGS LTD
Parties
Plaintiff (dccj 4067/2004): Kong Yiu Chung; 1st Plaintiff (dccj 4068/2004): Tang Chi Wing Rigo; 2nd Plaintiff (dccj 4068/2004): Cheung Lai Yee; Defendant: Hugetop Holdings Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 November 2006
Case Number
DCCJ4067/2004
Procedural Posture
Consolidated Civil Actions (interrogatories Application) / Interlocutory Hearing for Leave to Serve Interrogatories (pre Trial)
Outcome
Application partly allowed and partly dismissed; specified interrogatories ordered answered by the plaintiffs within 28 days; costs awards made in favour of the defendant on a nisi basis to be made absolute in 14 days.
Legal Topics
Interrogatories, Disclosure and Discovery, Reliance on Pre Contractual Representations, Pre Trial Evidence Management, Costs Allocation
Source Language
EN
Civil Procedure Contract Tort (misrepresentation) Property Law Interrogatories Disclosure and Discovery Reliance on Pre Contractual Representations Pre Trial Evidence Management +1 more

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Parties

Kong Yiu Chung

Plaintiff (dccj 4067/2004)

Tang Chi Wing Rigo

1st Plaintiff (dccj 4068/2004)

Cheung Lai Yee

2nd Plaintiff (dccj 4068/2004)

Hugetop Holdings Limited

Defendant

Procedural Posture

Consolidated Civil Actions (interrogatories Application) / Interlocutory Hearing for Leave to Serve Interrogatories (pre Trial)

Legal Issues

  1. 1 Whether proposed interrogatories are relevant and necessary for fair disposal or to save costs
  2. 2 Whether interrogatories are fishing, oppressive or improperly go to credit/evidence reserved for trial
  3. 3 Whether plaintiffs relied on representations in advertisements, brochures, show flat or agents regarding storey height

Ratio Decidendi

The court admitted interrogatories that were directly relevant and necessary to determine whether plaintiffs relied on representations about storey height where that reliance was not addressed in witness statements and where answers would shape the need for witnesses and expert evidence and save costs; the court disallowed interrogatories that were fishing, solely concerned credit or evidence appropriate for trial cross-examination, or would not save costs. Specific interrogatories were ordered answered and specific costs awards were made accordingly.

Court Disposition

Application partly allowed and partly dismissed; specified interrogatories ordered answered by the plaintiffs within 28 days; costs awards made in favour of the defendant on a nisi basis to be made absolute in 14 days.

Orders

  • Kong Yiu Chung (DCCJ 4067/2004) ordered to answer interrogatories (1) to (9) within 28 days of date of handing down; interrogatory (10) withdrawn.
  • Costs order nisi (1st action): defendant awarded 90% of costs of and incidental to the interrogatories application against the plaintiff in the 1st action, to be taxed if not agreed, with certificate for counsel; to be made absolute in 14 days of date of handing down.