KONG KAT CHEUNG v. YIP KAM TONG AND OTHERS

KONG KAT CHEUNG v. YIP KAM TONG AND OTHERS

The court exercised its discretion and held there was no need to call the orthopaedic experts for oral evidence because their reports merely presented possibilities based on versions of facts and the trial judge had already determined relevant facts (including rejection of fabrication); accordingly the experts' credibility was not material and their reports were to be admitted without calling the authors; two days are reserved for assessment and the Plaintiff is debarred unless the assessment is set down with two days within 28 days; costs in the cause.

Citation
KONG KAT CHEUNG v. YIP KAM TONG AND OTHERS
Parties
Plaintiff: Plaintiff; 1st Defendant (sub Sub Contractor): 1st Defendant; 2nd Defendant (sub Contractor): SHING KEE LANDSCAPE GARDEN; 3rd Defendant (top Contractor): TAK TAI FARM LTD.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
26 November 2009
Case Number
HCPI696/2006
Procedural Posture
Personal Injury Assessment of Damages / Pre Trial Review for Assessment of Damages Following Split Trial on Liability
Outcome
Court admitted the orthopaedic expert reports without calling the authors, reserved two days for the assessment of damages, debarred the Plaintiff from seeking assessment unless the case is set down in the Running List with two days within 28 days, and ordered costs in the cause.
Legal Topics
Causation, Expert Witness Evidence, Admissibility of Expert Reports, Assessment of Damages, Split Trial, Default Judgment, Mediation
Source Language
EN
Personal Injury Tort Evidence Civil Procedure Causation Expert Witness Evidence Admissibility of Expert Reports Assessment of Damages +3 more

Case Brief

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Parties

Plaintiff

Plaintiff

1st Defendant

1st Defendant (sub Sub Contractor)

SHING KEE LANDSCAPE GARDEN

2nd Defendant (sub Contractor)

TAK TAI FARM LTD.

3rd Defendant (top Contractor)

Procedural Posture

Personal Injury Assessment of Damages / Pre Trial Review for Assessment of Damages Following Split Trial on Liability

Legal Issues

  1. 1 Whether to call orthopaedic experts to give oral evidence at assessment of damages
  2. 2 Whether the L-3 vertebra fracture was caused by the workplace fall
  3. 3 Whether the credibility of experts affects causation findings after a prior factual finding

Ratio Decidendi

The court exercised its discretion and held there was no need to call the orthopaedic experts for oral evidence because their reports merely presented possibilities based on versions of facts and the trial judge had already determined relevant facts (including rejection of fabrication); accordingly the experts' credibility was not material and their reports were to be admitted without calling the authors; two days are reserved for assessment and the Plaintiff is debarred unless the assessment is set down with two days within 28 days; costs in the cause.

Court Disposition

Court admitted the orthopaedic expert reports without calling the authors, reserved two days for the assessment of damages, debarred the Plaintiff from seeking assessment unless the case is set down in the Running List with two days within 28 days, and ordered costs in the cause.

Orders

  • Report(s) of the respective orthopaedic experts admitted without calling the authors subject to trial judge's discretion
  • Two days reserved for the assessment of damages