LEE KA MAN v. HONG KONG AIRCRAFT ENGINEERING CO LTD
The court granted leave to call the two orthopaedic experts for oral evidence, accepted the parties' joint estimate of 3 trial days, ordered the case to be entered on the running list with 3 days reserved, and directed that the issue of costs on the supplemental medical reports be reserved to the trial judge while costs of the application are in the cause with Legal Aid taxation.
- Citation
- LEE KA MAN v. HONG KONG AIRCRAFT ENGINEERING CO LTD
- Parties
- Plaintiff: Ng; Defendant: z gP
- Court
- Court of First Instance
- Jurisdiction
- Hong Kong
- Judgment Date
- 13 October 2008
- Case Number
- HCPI355/2006
- Procedural Posture
- Personal Injury High Court / Pre Trial Application to Call Expert Witnesses / Case Management
- Outcome
- Application granted in part: leave to call two orthopaedic experts; case to be listed with 3 trial days reserved.
- Legal Topics
- Expert Evidence, Joint Medical Examination, Case Management, Costs
- Source Language
- EN
Case Brief
Summary, issues, holding and outcome
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Parties
Ng
Plaintiff
z gP
Defendant
Procedural Posture
Personal Injury High Court / Pre Trial Application to Call Expert Witnesses / Case Management
Legal Issues
- 1 Whether the parties may call two orthopaedic experts to give oral evidence
- 2 Failure to comply with court timetable and the consequences
- 3 Whether supplemental medical reports obtained without court notification are permissible or prejudicial
Ratio Decidendi
The court granted leave to call the two orthopaedic experts for oral evidence, accepted the parties' joint estimate of 3 trial days, ordered the case to be entered on the running list with 3 days reserved, and directed that the issue of costs on the supplemental medical reports be reserved to the trial judge while costs of the application are in the cause with Legal Aid taxation.
Court Disposition
Application granted in part: leave to call two orthopaedic experts; case to be listed with 3 trial days reserved.
Orders
- Put the case on the running list
- Reserve 3 days for trial
Full Case Text
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