MOHAMMAD ARIF v. HING LEE CONSTRUCTION (INTERNATIONAL) LTD AND ANOTHER

MOHAMMAD ARIF v. HING LEE CONSTRUCTION (INTERNATIONAL) LTD AND ANOTHER

Because the case was at commencement and parties were prepared to follow directions for general discovery, and there had been no prior proper request for the documents sought, the court found the specific discovery application premature; ordered the applicant to disclose the Princess Margaret and Tuen Mun Hospital records within 21 days, dismissed the application as to those hospitals, adjourned the remainder of the application sine die, and awarded costs of the hearing to the applicant.

Citation
MOHAMMAD ARIF v. HING LEE CONSTRUCTION (INTERNATIONAL) LTD AND ANOTHER
Parties
Applicant: Mohammad Arif; 1st Respondent: Hing Lee Construction (International) Limited; 2nd Respondent: Paul Y. - ITC Construction & Engineering Co. Limited
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
19 August 2005
Case Number
DCEC825/2005
Procedural Posture
Employees Compensation / Callover Hearing (first Callover)
Outcome
Application partially dismissed and partially adjourned sine die; costs awarded to applicant for today's hearing.
Legal Topics
Specific Discovery, Medical Records, Directions for Discovery, Costs, Adjournment
Source Language
EN
Employment Law Personal Injury Civil Procedure Discovery Specific Discovery Medical Records Directions for Discovery Costs +1 more

Case Brief

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Parties

Mohammad Arif

Applicant

Hing Lee Construction (International) Limited

1st Respondent

Paul Y. - ITC Construction & Engineering Co. Limited

2nd Respondent

Procedural Posture

Employees Compensation / Callover Hearing (first Callover)

Legal Issues

  1. 1 Whether a specific discovery order should be made for medical and clinical notes and scans from four named health centres
  2. 2 Whether the specific discovery application is premature given the stage of the proceedings and the parties' agreement to directions for discovery
  3. 3 Entitlement to costs for the hearing of the specific discovery application

Ratio Decidendi

Because the case was at commencement and parties were prepared to follow directions for general discovery, and there had been no prior proper request for the documents sought, the court found the specific discovery application premature; ordered the applicant to disclose the Princess Margaret and Tuen Mun Hospital records within 21 days, dismissed the application as to those hospitals, adjourned the remainder of the application sine die, and awarded costs of the hearing to the applicant.

Court Disposition

Application partially dismissed and partially adjourned sine die; costs awarded to applicant for today's hearing.

Orders

  • Applicant to make discovery within 21 days disclosing medical notes and records of Princess Margaret Hospital and Tuen Mun Hospital
  • Application in relation to Princess Margaret Hospital and Tuen Mun Hospital dismissed