YIP KWOK SUN v. POLY STYLE LTD

YIP KWOK SUN v. POLY STYLE LTD

The master’s refusal to permit substitution was correct: the original survey report and the experts' joint statement sufficiently addressed the possession issue; there was no material change of circumstances between applications; the plaintiff's solicitors acted improperly in seeking a substitute expert without...

Source-derived case information.

Citation
YIP KWOK SUN v. POLY STYLE LTD
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
31 October 2013
Case Number
DCMP2891/2011
Procedural Posture
Adverse Possession (civil) / Appeal Against Master's Interlocutory Order (variation of Expert Evidence Order)
Outcome
Appeal dismissed; master’s order upheld.
Legal Topics
Change of Expert, Expert Shopping, Case Management, Variation of Interlocutory Order, Costs, Disclosure and Protocol for Experts
Source Language
en
Property Law Civil Procedure Evidence Law Expert Evidence Administrative of Justice Change of Expert Expert Shopping Case Management +3 more

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Summary, issues, holding and outcome

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Adverse Possession (civil) / Appeal Against Master's Interlocutory Order (variation of Expert Evidence Order)

Legal Issues

  1. 1 Whether the plaintiff should be permitted to change his expert at a late stage
  2. 2 Whether the original expert had addressed the central possession issue
  3. 3 Whether the plaintiff was engaging in expert shopping

Ratio Decidendi

The master’s refusal to permit substitution was correct: the original survey report and the experts' joint statement sufficiently addressed the possession issue; there was no material change of circumstances between applications; the plaintiff's solicitors acted improperly in seeking a substitute expert without prior leave; permitting substitution would prejudice the defendant and delay the case; accordingly the appeal is dismissed and the master’s order is upheld.

Court Disposition

Appeal dismissed; master’s order upheld.

Orders

  • Appeal dismissed with costs in favour of the defendant; costs to be taxed if not agreed with certificate for counsel
  • Plaintiff's own costs to be taxed in accordance with the Legal Aid Regulations