MAN YUN FEI ANGELA v. TONG CHI MING AND OTHERS

MAN YUN FEI ANGELA v. TONG CHI MING AND OTHERS

The court granted leave because the plaintiff established a prima facie link between the 1st Accident and an adjustment disorder, Dr Chow's reports added material information beyond treating doctors' notes and were therefore relevant and potentially probative at trial; questions of weight and causation remain for the trial judge.

Citation
MAN YUN FEI ANGELA v. TONG CHI MING AND OTHERS
Parties
Plaintiff: Man Yun Fei Angela; 1st Defendant: Tong Chi Ming; 2nd Defendant: Chan Wai Man, Raymond; 3rd Defendant: Hong Kong Tramways Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
10 August 2011
Case Number
DCPI2277/2009
Procedural Posture
Personal Injuries Action / Interlocutory Application for Leave to Adduce Psychiatric Expert Evidence (decision)
Outcome
Leave granted to the Plaintiff to adduce Dr Chow's 1st and 2nd psychiatric reports as medical expert evidence at trial; further directions given.
Legal Topics
Leave to Adduce Expert Evidence, Psychiatric Injury, Quantum of Damages, Causation, Relevance and Probative Value
Source Language
EN
Personal Injury Medical Expert Evidence Psychiatry Civil Procedure Evidence Law Leave to Adduce Expert Evidence Psychiatric Injury Quantum of Damages +2 more

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Parties

Man Yun Fei Angela

Plaintiff

Tong Chi Ming

1st Defendant

Chan Wai Man, Raymond

2nd Defendant

Hong Kong Tramways Limited

3rd Defendant

Procedural Posture

Personal Injuries Action / Interlocutory Application for Leave to Adduce Psychiatric Expert Evidence (decision)

Legal Issues

  1. 1 Whether psychiatric expert evidence is relevant and necessary
  2. 2 Whether the psychiatric reports have probative value beyond treating doctors' notes
  3. 3 Whether there is a causal link between the 1st Accident and the plaintiff's psychiatric condition

Ratio Decidendi

The court granted leave because the plaintiff established a prima facie link between the 1st Accident and an adjustment disorder, Dr Chow's reports added material information beyond treating doctors' notes and were therefore relevant and potentially probative at trial; questions of weight and causation remain for the trial judge.

Court Disposition

Leave granted to the Plaintiff to adduce Dr Chow's 1st and 2nd psychiatric reports as medical expert evidence at trial; further directions given.

Orders

  • Leave granted to the Plaintiff to adduce Dr Chow's 1st and 2nd Reports as medical expert evidence at trial.
  • Checklist Review Hearing fixed on 7 September 2011 at 2:30 pm in Court 46.