JIAN YU QIANG v. LI SHI LIANG AND OTHERS

JIAN YU QIANG v. LI SHI LIANG AND OTHERS

The court ordered the plaintiff personally to provide sworn answers to the defendants' interrogatories and to answer the defendants' request for further and better particulars because the solicitor's affirmation was hearsay and inadequate; the court allowed 21 days for compliance and refused to grant a stay pending any re-amendment application, while reserving the right to consider consequences if a re-amendment is actually sought.

Citation
JIAN YU QIANG v. LI SHI LIANG AND OTHERS
Parties
Plaintiff: Plaintiff; Defendants: Defendants
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
16 November 2004
Case Number
HCA459/2003
Procedural Posture
Civil Interlocutory Applications / Interlocutory Hearing / Reasons for Decision
Outcome
Plaintiff ordered to personally answer the defendants' interrogatories and to provide the requested further and better particulars within 21 days; no stay granted pending re-amendment application; costs awarded to the defendants.
Legal Topics
Interrogatories, Further and Better Particulars, Affidavit Evidence, Hearsay, Strike Out, Re Amendment of Pleadings
Source Language
EN
Civil Procedure Evidence Pleadings Costs Interrogatories Further and Better Particulars Affidavit Evidence Hearsay +2 more

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Parties

Plaintiff

Plaintiff

Defendants

Defendants

Procedural Posture

Civil Interlocutory Applications / Interlocutory Hearing / Reasons for Decision

Legal Issues

  1. 1 Whether the plaintiff must personally swear answers to the defendants' interrogatories
  2. 2 Whether the plaintiff must answer the defendants' request for further and better particulars
  3. 3 Whether a solicitor's affidavit based on instructions suffices as evidence of a party's knowledge

Ratio Decidendi

The court ordered the plaintiff personally to provide sworn answers to the defendants' interrogatories and to answer the defendants' request for further and better particulars because the solicitor's affirmation was hearsay and inadequate; the court allowed 21 days for compliance and refused to grant a stay pending any re-amendment application, while reserving the right to consider consequences if a re-amendment is actually sought.

Court Disposition

Plaintiff ordered to personally answer the defendants' interrogatories and to provide the requested further and better particulars within 21 days; no stay granted pending re-amendment application; costs awarded to the defendants.

Orders

  • Plaintiff to provide a personal affidavit answering the Defendants' Interrogatories
  • Plaintiff to answer the Defendants' Request for Further and Better Particulars (of the Amended Reply and Defence to Counterclaim) within 21 days