YIP KWOK SUN v. POLY STYLE LTD

YIP KWOK SUN v. POLY STYLE LTD

Leave granted: where a party's retained expert refuses to comply and the defendant has adduced expert opinion on crucial limited issues (the four aerial photos), fairness and the CJR objectives require permitting the plaintiff to appoint an authorised land surveyor other than the uncooperative original expert to prepare a supplemental expert report confined to those photos; the measure is proportionate, causes no substantial delay, and avoids an uneven playing field; costs ordered against the defendant subject to taxation/certificate for counsel; order nisi to become absolute in 14 days if not varied.

Citation
YIP KWOK SUN v. POLY STYLE LTD
Parties
Plaintiff: Plaintiff; Defendant (registered Owner): Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
24 June 2015
Case Number
DCMP2891/2011
Procedural Posture
Adverse Possession (land) / Interlocutory Application for Leave to Adduce Expert Evidence / Appointment of Substitute Expert
Outcome
Application granted.
Legal Topics
Adverse Possession, Expert Evidence, Leave to Adduce Expert Evidence, Aerial Photograph Evidence, Costs, Case Management (cjr)
Source Language
EN
Property Civil Procedure Evidence Adverse Possession Expert Evidence Leave to Adduce Expert Evidence Aerial Photograph Evidence Costs +1 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 5 Authorities cited 10 Party arguments 2 Amounts and remedies 2
Sign in to unlock

Parties

Plaintiff

Plaintiff

Defendant

Defendant (registered Owner)

Procedural Posture

Adverse Possession (land) / Interlocutory Application for Leave to Adduce Expert Evidence / Appointment of Substitute Expert

Legal Issues

  1. 1 Whether proposed supplemental expert evidence is reasonably required to resolve issues before the court
  2. 2 Whether the defendant would be prejudiced by granting leave
  3. 3 Whether plaintiff may appoint an expert other than original expert who refuses to cooperate

Ratio Decidendi

Leave granted: where a party's retained expert refuses to comply and the defendant has adduced expert opinion on crucial limited issues (the four aerial photos), fairness and the CJR objectives require permitting the plaintiff to appoint an authorised land surveyor other than the uncooperative original expert to prepare a supplemental expert report confined to those photos; the measure is proportionate, causes no substantial delay, and avoids an uneven playing field; costs ordered against the defendant subject to taxation/certificate for counsel; order nisi to become absolute in 14 days if not varied.

Court Disposition

Application granted.

Orders

  • Leave granted for plaintiff to engage an authorised land surveyor other than Mr Ching Siu Tong to prepare a supplemental expert report confined to and dealing with the defendant's expert opinions on the four aerial photographs referred to in the defendant's supplemental expert report filed 3 June 2014.
  • Costs of and occasioned by this application to be paid by the defendant; plaintiff's own costs to be taxed in accordance with the Legal Aid Regulations; costs to be taxed if not agreed with certificate for counsel.