CHEUNG MEI KEI v. HOSPITAL AUTHORITY

CHEUNG MEI KEI v. HOSPITAL AUTHORITY

The defendant must supply particulars for Request (5) because the defence positively pleaded the existence of a reminder/reporting system and must particularise the circumstances; Requests (8) and (10) are disallowed because they amount to pure denials that do not require further particulars.

Source-derived case information.

Citation
CHEUNG MEI KEI v. HOSPITAL AUTHORITY
Parties
Plaintiff: Miss Cheung; Defendant: Hospital Authority
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 March 2008
Case Number
HCPI884/2007
Procedural Posture
Personal Injury / Negligence / Application for Further and Better Particulars (paper Disposal in Chambers)
Outcome
Partially allowed — Defendant ordered to supply particulars for Request (5); Requests (8) and (10) disallowed; costs order nisi of no order as to costs in relation to the three disputed requests; plaintiff's own costs to be taxed under Legal Aid Regulations.
Legal Topics
Particulars of Defence, Contributory Negligence, Duty to Provide Particulars, Costs
Source Language
en
Tort Negligence Civil Procedure Pleadings Particulars of Defence Contributory Negligence Duty to Provide Particulars Costs

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Parties

Miss Cheung

Plaintiff

Hospital Authority

Defendant

Procedural Posture

Personal Injury / Negligence / Application for Further and Better Particulars (paper Disposal in Chambers)

Legal Issues

  1. 1 Whether defendant must provide particulars about reminders and channels for reporting difficulties (Request 5)
  2. 2 Whether particulars are required regarding when/how plaintiff should inform supervisor of inability to perform duty (Requests 8 and 10)
  3. 3 Whether a plea that is a pure denial obliges the defendant to provide further particulars

Ratio Decidendi

The defendant must supply particulars for Request (5) because the defence positively pleaded the existence of a reminder/reporting system and must particularise the circumstances; Requests (8) and (10) are disallowed because they amount to pure denials that do not require further particulars.

Court Disposition

Partially allowed — Defendant ordered to supply particulars for Request (5); Requests (8) and (10) disallowed; costs order nisi of no order as to costs in relation to the three disputed requests; plaintiff's own costs to be taxed under Legal Aid Regulations.

Orders

  • Defendant to supply particulars for Request (5) within 14 days from date of order.
  • No order as to costs (including costs reserved) in relation to the three disputed requests.