LO KAI BUN v. PONG MAN YI AND OTHERS

LO KAI BUN v. PONG MAN YI AND OTHERS

The documents are admissible because they are relevant to whether the plaintiff knew the nature and effect of the original transfers, but the Defendants must provide particulars of knowledge (including the main constituents of the new documents) before using them; the plaintiff is entitled to time to consider and...

Source-derived case information.

Citation
LO KAI BUN v. PONG MAN YI AND OTHERS
Parties
Plaintiff: LO KAI BUN; 1st Defendant: PONG MAN YI; 2nd Defendant: LO TIN WAI; 3rd Defendant: TOPSCA LIMITED; 4th Defendant: TOPSCA LIGHTING LIMITED; 5th Defendant: FEEBLE INDUSTRIES LIMITED; 6th Defendant: GOLDEN MILES OVERSEAS LIMITED
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2005
Case Number
HCA4700/2002
Procedural Posture
Civil High Court (court of First Instance) / Trial in Progress Ruling on Application to Admit Late Documents and Additional Witness Statement
Outcome
Application to admit the further documents and an additional witness statement by the 1st Defendant allowed subject to conditions.
Legal Topics
Late Disclosure, Relevance of Evidence, Particulars of Knowledge, Admission of Documents, Witness Statements, Case Management and Costs
Source Language
en
Civil Procedure Evidence Commercial Law Company Law Late Disclosure Relevance of Evidence Particulars of Knowledge Admission of Documents +2 more

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Summary, issues, holding and outcome

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Parties

LO KAI BUN

Plaintiff

PONG MAN YI

1st Defendant

LO TIN WAI

2nd Defendant

TOPSCA LIMITED

3rd Defendant

TOPSCA LIGHTING LIMITED

4th Defendant

FEEBLE INDUSTRIES LIMITED

5th Defendant

GOLDEN MILES OVERSEAS LIMITED

6th Defendant

Procedural Posture

Civil High Court (court of First Instance) / Trial in Progress Ruling on Application to Admit Late Documents and Additional Witness Statement

Legal Issues

  1. 1 Whether to admit late-discovered documents and an additional witness statement
  2. 2 Whether the new documents are relevant to whether the plaintiff knew the nature and effect of the documents he signed
  3. 3 Whether particulars of knowledge must be pleaded under Order 18, rule 12 before the documents are used

Ratio Decidendi

The documents are admissible because they are relevant to whether the plaintiff knew the nature and effect of the original transfers, but the Defendants must provide particulars of knowledge (including the main constituents of the new documents) before using them; the plaintiff is entitled to time to consider and respond (including amending pleadings and filing witness statements); cross-examination on those documents is deferred until the plaintiff is prepared; lateness may be addressed by costs and adjournment.

Court Disposition

Application to admit the further documents and an additional witness statement by the 1st Defendant allowed subject to conditions.

Orders

  • Defendants permitted to file a further list of documents and an additional witness statement by the 1st Defendant.
  • Defendants (Ms Lau) must provide particulars of the plaintiff's knowledge relating to his signature of the original documents, including the main constituents of the newly discovered documents, before those documents may be used at trial.