Hui Ling Chan v. Shin Mak Ying and Another

Hui Ling Chan v. Shin Mak Ying and Another

The court ordered production of the survey report referred to in the particulars because the plaintiff had referred to it in pleading and had already disclosed parts thereby waiving privilege; the joint inspection by experts was ordered to occur within 21 days; costs were ordered largely to abide the event but with...

Source-derived case information.

Citation
Hui Ling Chan v. Shin Mak Ying and Another
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
6 December 2001
Case Number
DCCJ10294/2001
Procedural Posture
Civil (property Damage/nuisance) / Interlocutory Summons Under Order 24 for Inspection/production of Document
Outcome
Summons granted in part: plaintiff ordered to produce the survey report and parties ordered to conduct joint inspection; costs ordered in the cause with limited protections for the defendants on paragraph 1; plaintiff's separate summons no order.
Legal Topics
Document Production/inspection, Waiver of Privilege by Partial Disclosure, Expert Reports Exchange, Interlocutory Costs
Source Language
en
Civil Procedure Evidence Property Law Costs Document Production/inspection Waiver of Privilege by Partial Disclosure Expert Reports Exchange Interlocutory Costs

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil (property Damage/nuisance) / Interlocutory Summons Under Order 24 for Inspection/production of Document

Legal Issues

  1. 1 Whether a surveyor's report referred to in the particulars must be produced under Order 24 Rule 10
  2. 2 Whether partial disclosure of parts of a privileged document amounts to waiver of privilege
  3. 3 Whether production should be postponed until exchange of expert reports after directions

Ratio Decidendi

The court ordered production of the survey report referred to in the particulars because the plaintiff had referred to it in pleading and had already disclosed parts thereby waiving privilege; the joint inspection by experts was ordered to occur within 21 days; costs were ordered largely to abide the event but with specified protections for the successful party on the application.

Court Disposition

Summons granted in part: plaintiff ordered to produce the survey report and parties ordered to conduct joint inspection; costs ordered in the cause with limited protections for the defendants on paragraph 1; plaintiff's separate summons no order.

Orders

  • Plaintiff to allow inspection of the surveyor's report referred to in paragraph 6(a) of the Particulars of Claim (order in terms of paragraph 1 of the summons)
  • Joint inspection by the parties' respective experts of both premises to take place within 21 days