MAK CHEE WAI 對 W.K. MAXY INDUSTRIES LTD 及另一人

MAK CHEE WAI 對 W.K. MAXY INDUSTRIES LTD 及另一人

The court struck out the plaintiff's supplementary witness statements filed without leave, directed the plaintiff to reapply by summons with proper supporting documents, granted the defendants a barrister's certificate, and exercised its discretion to award and summarily assess costs of HK$20,000 against the plaintiff to be paid to the defendants by 19 January 2023, the plaintiff having accepted responsibility and not opposing the quantum or the certificate.

Citation
[2023] HKDC 232
Parties
Plaintiff: MAK CHEE WAI; First Defendant: W.K. MAXY INDUSTRIES LIMITED; Second Defendant: MAK CHI YIP RICHARD
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 February 2023
Case Number
DCCJ3452/2020
Procedural Posture
Civil Claim (district Court) / Pre Trial Review and Costs Hearing
Outcome
Interlocutory orders in favour of defendants on procedural control and costs; directions given for reapplication by plaintiff
Legal Topics
Unauthorised Filing of Evidence, Striking Out Documents, Costs Assessment, Barrister's Certificate, Directions for Re‑filing Witness Statements
Source Language
CH
Civil Procedure Costs Law Evidence Law Unauthorised Filing of Evidence Striking Out Documents Costs Assessment Barrister's Certificate Directions for Re‑filing Witness Statements

Case Brief

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Parties

MAK CHEE WAI

Plaintiff

W.K. MAXY INDUSTRIES LIMITED

First Defendant

MAK CHI YIP RICHARD

Second Defendant

Procedural Posture

Civil Claim (district Court) / Pre Trial Review and Costs Hearing

Legal Issues

  1. 1 Whether the plaintiff's supplementary witness statements filed without permission should be removed from the court file
  2. 2 Whether the plaintiff should be ordered to pay the defendants' costs of the hearing
  3. 3 Whether a barrister's certificate should be granted to the defendants' counsel

Ratio Decidendi

The court struck out the plaintiff's supplementary witness statements filed without leave, directed the plaintiff to reapply by summons with proper supporting documents, granted the defendants a barrister's certificate, and exercised its discretion to award and summarily assess costs of HK$20,000 against the plaintiff to be paid to the defendants by 19 January 2023, the plaintiff having accepted responsibility and not opposing the quantum or the certificate.

Court Disposition

Interlocutory orders in favour of defendants on procedural control and costs; directions given for reapplication by plaintiff

Orders

  • Unauthorised supplementary witness statements and attachments filed by the plaintiff are removed from the court file (struck out).
  • The plaintiff must apply to file any supplementary witness statements by summons (leave to be sought) and must file affidavits, skeleton arguments and authorities as directed.