LIU HING SANG v. ESTATE OF LI KWAN, DECEASED AND ANOTHER

LIU HING SANG v. ESTATE OF LI KWAN, DECEASED AND ANOTHER

The Master granted leave for the plaintiff to serve supplemental witness statements of Mr Cheung and Mr Wong and retrospective leave for the plaintiff's own supplemental statement because the supplemental evidence was relevant and necessary for a fair trial given the complexity and partly undocumented nature of tour guide earnings and the absence of direct documentary evidence about the plaintiff's prospective long haul work; the court exercised case management to permit the supplemental statements while imposing deadlines and costs directions to control proliferation.

Citation
LIU HING SANG v. ESTATE OF LI KWAN, DECEASED AND ANOTHER
Parties
Plaintiff: Liu Hing Sang; 1st Defendant: Estate of Li Kwan, Deceased; 2nd Defendant: Target Insurance Company Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
8 December 2011
Case Number
HCPI665/2009
Procedural Posture
Personal Injuries Action / Interlocutory/case Management (application for Leave to Serve Supplemental Witness Statements; Discovery Issues)
Outcome
Leave granted for plaintiff to serve supplemental witness statements of Cheung Wing Chuen and Wong Yiu Kwong dated 19 November 2010; retrospective leave granted for plaintiff to serve his own supplemental witness statement; related case management directions and costs order nisi made.
Legal Topics
Loss of Earnings, Supplemental Witness Statements, Discovery, Case Management, Costs
Source Language
EN
Personal Injury Civil Procedure Evidence Employment/compensation Law Loss of Earnings Supplemental Witness Statements Discovery Case Management +1 more

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Parties

Liu Hing Sang

Plaintiff

Estate of Li Kwan, Deceased

1st Defendant

Target Insurance Company Limited

2nd Defendant

Procedural Posture

Personal Injuries Action / Interlocutory/case Management (application for Leave to Serve Supplemental Witness Statements; Discovery Issues)

Legal Issues

  1. 1 Whether leave should be granted to serve supplemental witness statements
  2. 2 Whether evidence from freelance long haul tour guides is a relevant comparable for future loss
  3. 3 Whether plaintiff has discharged burden to prove pre-trial loss on balance of probabilities

Ratio Decidendi

The Master granted leave for the plaintiff to serve supplemental witness statements of Mr Cheung and Mr Wong and retrospective leave for the plaintiff's own supplemental statement because the supplemental evidence was relevant and necessary for a fair trial given the complexity and partly undocumented nature of tour guide earnings and the absence of direct documentary evidence about the plaintiff's prospective long haul work; the court exercised case management to permit the supplemental statements while imposing deadlines and costs directions to control proliferation.

Court Disposition

Leave granted for plaintiff to serve supplemental witness statements of Cheung Wing Chuen and Wong Yiu Kwong dated 19 November 2010; retrospective leave granted for plaintiff to serve his own supplemental witness statement; related case management directions and costs order nisi made.

Orders

  • Retrospective leave granted for plaintiff to serve his own supplemental witness statement dated 19 November 2010
  • Leave granted for plaintiff to serve Mr Cheung's supplemental witness statement and Mr Wong's witness statement dated 19 November 2010 within 7 days