LEUNG SUET HA v. LO KI LING AND ANOTHER

LEUNG SUET HA v. LO KI LING AND ANOTHER

Trial adjourned and interlocutory directions issued because the 3rd defendant had not been properly served; court exercised discretion to allow late supplemental discovery and limited further witness statements because documents were relevant under the Peruvian Guano test and any prejudice could be addressed by adjournment and costs; court allowed re-amendment of defence and counterclaim as no irreparable prejudice shown and prejudice could be cured by time and opportunity to reply.

Citation
LEUNG SUET HA v. LO KI LING AND ANOTHER
Parties
Plaintiff: Leung Suet Ha; 1st Defendant: Lo Ki Ling; 2nd Defendant: Lo Sang (deceased) estate represented; 3rd Defendant: All occupiers of 3rd Floor, No.159 Pratas Street, Kowloon
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
12 February 2007
Case Number
DCMP251/2005
Procedural Posture
Consolidated Civil Action (trespass and Writ Action) / Interlocutory Ruling on Adjournment, Service, Discovery, Amendments and Pre Trial Directions
Outcome
Interlocutory orders made; trial adjourned pending compliance with directions and restoration for pre-trial review
Legal Topics
Service of Process, Consolidation of Actions, Discovery and Late Disclosure, Amendment of Pleadings, Witness Statements, Adjournment and Pre Trial Procedure, Costs
Source Language
EN
Civil Procedure Evidence Property Law Estate Administration Service of Process Consolidation of Actions Discovery and Late Disclosure Amendment of Pleadings +3 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 7 Party arguments 2 Amounts and remedies 5
Sign in to unlock

Parties

Leung Suet Ha

Plaintiff

Lo Ki Ling

1st Defendant

Lo Sang (deceased) estate represented

2nd Defendant

All occupiers of 3rd Floor, No.159 Pratas Street, Kowloon

3rd Defendant

Procedural Posture

Consolidated Civil Action (trespass and Writ Action) / Interlocutory Ruling on Adjournment, Service, Discovery, Amendments and Pre Trial Directions

Legal Issues

  1. 1 Whether trial should be adjourned for lack of service on the 3rd defendant
  2. 2 Whether orders made earlier were properly served on the 3rd defendant
  3. 3 Whether leave should be granted for late supplemental discovery

Ratio Decidendi

Trial adjourned and interlocutory directions issued because the 3rd defendant had not been properly served; court exercised discretion to allow late supplemental discovery and limited further witness statements because documents were relevant under the Peruvian Guano test and any prejudice could be addressed by adjournment and costs; court allowed re-amendment of defence and counterclaim as no irreparable prejudice shown and prejudice could be cured by time and opportunity to reply.

Court Disposition

Interlocutory orders made; trial adjourned pending compliance with directions and restoration for pre-trial review

Orders

  • 1st and 2nd defendants to serve the following on the 3rd defendant within 7 days: re-amended statement of claim; amended defence and counterclaim of the 1st and 2nd defendants; reply and defence to counterclaim of the 1st and 2nd defendants; plaintiff's list of documents; plaintiff's supplemental list of documents;...
  • 3rd defendant to file and serve their defence and counterclaim, if any, within 21 days of service of this order