HOMEMAIN HOLDINGS LTD v. LI CHAOBO AND ANOTHER

HOMEMAIN HOLDINGS LTD v. LI CHAOBO AND ANOTHER

The court accepted the applicant's evidence that LH was prevented from leaving the Mainland by legitimate travel restrictions and, applying a proportionality analysis, concluded that the prejudice to the Plaintiff of excluding LH's evidence outweighed the speculative prejudice to the 2nd Defendant; improvements in...

Source-derived case information.

Citation
[2025] HKCFI 5299
Parties
Plaintiff: Plaintiff; 1st Defendant: 1st Defendant; 2nd Defendant: 2nd Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
6 November 2025
Case Number
HCA595/2021
Procedural Posture
Civil Interlocutory Application for Leave to Adduce Evidence by Video Link / Interlocutory Pre Trial Application (hearing on Paper)
Outcome
Application granted
Legal Topics
Video Conferencing for Witness Evidence, Leave to Give Evidence Remotely, Credibility and Cross Examination, Proportionality, Prejudice Balancing, Directions for Remote Evidence
Source Language
en
Civil Procedure Evidence Court Case Management Cross Border Witness Evidence Video Conferencing for Witness Evidence Leave to Give Evidence Remotely Credibility and Cross Examination Proportionality +2 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant

2nd Defendant

2nd Defendant

Procedural Posture

Civil Interlocutory Application for Leave to Adduce Evidence by Video Link / Interlocutory Pre Trial Application (hearing on Paper)

Legal Issues

  1. 1 Whether leave should be granted to permit the Plaintiff's witness to give evidence by video link from Beijing
  2. 2 Whether the application was unreasonably late or a tactical maneuver
  3. 3 Whether the Plaintiff produced cogent evidence that travel restrictions prevented attendance

Ratio Decidendi

The court accepted the applicant's evidence that LH was prevented from leaving the Mainland by legitimate travel restrictions and, applying a proportionality analysis, concluded that the prejudice to the Plaintiff of excluding LH's evidence outweighed the speculative prejudice to the 2nd Defendant; improvements in video conferencing and the limited extent to which the trial turned on LH's credibility meant effective cross-examination could be conducted remotely, so leave to adduce LH's evidence by video link was granted in terms of the agreed draft directions.

Court Disposition

Application granted

Orders

  • Leave granted for the Plaintiff's witness LH to give evidence by video conferencing facilities in Beijing in terms of the draft order submitted (save as otherwise agreed among the parties)
  • Defendants or their representatives may attend at the venue in Beijing to observe and monitor LH's evidence and to cross-examine him