TANG CHUNG WAH aka TANG CHUNG WAH, ALAN AND ANOTHER v. JONATHAN RUSSELL LEONG AND OTHERS

TANG CHUNG WAH aka TANG CHUNG WAH, ALAN AND ANOTHER v. JONATHAN RUSSELL LEONG AND OTHERS

Registrar granted leave because the supplemental facts were relevant to pleaded issues, defendants failed to demonstrate real prejudice that could not be compensated or addressed (no fixed trial date exists), plaintiffs provided a satisfactory explanation for timing (pending strike-out application), and fairness required permitting the explanation of contested facts; defendants permitted to serve responsive supplemental statements and specific costs and timing orders imposed.

Citation
TANG CHUNG WAH aka TANG CHUNG WAH, ALAN AND ANOTHER v. JONATHAN RUSSELL LEONG AND OTHERS
Parties
1st Plaintiff: TANG CHUNG WAH aka TANG CHUNG WAH, ALAN; 2nd Plaintiff: LEE FUNG YING, ALISON; 1st Defendant: JONATHAN RUSSELL LEONG; 2nd Defendant: CHIU WING CHEUNG, RINGO; 3rd Defendant: LAM HUNG YUN, ANDREW; 4th Defendant: GARY TERRENCE JAMES; 5th Defendant: LO NGAI HANG aka LO NGAI HANG, TONY; 6th Defendant: AU YIU KWAN aka AU YIU KWAN, ALVIN; 7th Defendant: PATRICK ROZARIO; 8th Defendant: LI WING YIN aka LI WING YIN, AMOS; 9th Defendant: TSUI KA CHE, NORMAN
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
15 April 2014
Case Number
HCA1691/2011
Procedural Posture
Civil Partnership Dispute and Fiduciary Duties Arising From Accounting Practice / Pre Trial Case Management; Application for Leave to Serve Supplemental Witness Statement and Leave to Set Down for Trial
Outcome
Application granted: leave given to plaintiffs to serve the 1st plaintiff's supplemental witness statement; plaintiffs given leave to set down for trial; costs orders made.
Legal Topics
Leave to Adduce Supplemental Witness Statement, Case Management Discretion, Prejudice and Delay, Duplication and Relevance of Evidence, Costs Assessment
Source Language
EN
Partnership Law Fiduciary Duties Civil Procedure Case Management Evidence Witness Statements Leave to Adduce Supplemental Witness Statement Case Management Discretion Prejudice and Delay Duplication and Relevance of Evidence +1 more

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Parties

TANG CHUNG WAH aka TANG CHUNG WAH, ALAN

1st Plaintiff

LEE FUNG YING, ALISON

2nd Plaintiff

JONATHAN RUSSELL LEONG

1st Defendant

CHIU WING CHEUNG, RINGO

2nd Defendant

LAM HUNG YUN, ANDREW

3rd Defendant

GARY TERRENCE JAMES

4th Defendant

LO NGAI HANG aka LO NGAI HANG, TONY

5th Defendant

AU YIU KWAN aka AU YIU KWAN, ALVIN

6th Defendant

PATRICK ROZARIO

7th Defendant

LI WING YIN aka LI WING YIN, AMOS

8th Defendant

TSUI KA CHE, NORMAN

9th Defendant

Procedural Posture

Civil Partnership Dispute and Fiduciary Duties Arising From Accounting Practice / Pre Trial Case Management; Application for Leave to Serve Supplemental Witness Statement and Leave to Set Down for Trial

Legal Issues

  1. 1 Whether the court should grant leave to serve a supplemental witness statement by the 1st plaintiff
  2. 2 Whether the supplemental witness statement is duplicative or irrelevant to pleaded issues
  3. 3 Whether the late service causes prejudice or affects the trial date

Ratio Decidendi

Registrar granted leave because the supplemental facts were relevant to pleaded issues, defendants failed to demonstrate real prejudice that could not be compensated or addressed (no fixed trial date exists), plaintiffs provided a satisfactory explanation for timing (pending strike-out application), and fairness required permitting the explanation of contested facts; defendants permitted to serve responsive supplemental statements and specific costs and timing orders imposed.

Court Disposition

Application granted: leave given to plaintiffs to serve the 1st plaintiff's supplemental witness statement; plaintiffs given leave to set down for trial; costs orders made.

Orders

  • Leave to the plaintiffs to serve the 1st plaintiff's supplemental witness statement as per the draft annexed to the summons.
  • Defendants have liberty to serve supplemental witness statements in response within 28 days from the date of the decision.