NG CHO CHU JUDY v. CHAN WING HUNG

NG CHO CHU JUDY v. CHAN WING HUNG

The master correctly found the defendant had disclosed the police statements prior to the plaintiff's summons, the summons was therefore premature and unnecessary, and the master's costs order was not unreasonable or legally flawed; the appeal is dismissed and costs follow the event.

Citation
NG CHO CHU JUDY v. CHAN WING HUNG
Parties
Plaintiff: Plaintiff; Defendant: Defendant
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
13 April 2016
Case Number
DCPI655/2015
Procedural Posture
Personal Injury / Appeal From Master's Costs Order (de Novo on Costs Limited by Principle of Reasonableness)
Outcome
Appeal dismissed; costs to defendant
Legal Topics
Discovery, Pre Action Protocol, Costs Discretion, Appeal Standard
Source Language
EN
Civil Procedure Costs Personal Injury Evidence Discovery Pre Action Protocol Costs Discretion Appeal Standard

Case Brief

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Parties

Plaintiff

Plaintiff

Defendant

Defendant

Procedural Posture

Personal Injury / Appeal From Master's Costs Order (de Novo on Costs Limited by Principle of Reasonableness)

Legal Issues

  1. 1 Whether the plaintiff's summons for discovery of police statements was premature and unnecessary
  2. 2 Whether the master erred in law or made an unreasonable costs order
  3. 3 Whether the defendant failed to disclose all police statements relating to the alleged 2013 assault

Ratio Decidendi

The master correctly found the defendant had disclosed the police statements prior to the plaintiff's summons, the summons was therefore premature and unnecessary, and the master's costs order was not unreasonable or legally flawed; the appeal is dismissed and costs follow the event.

Court Disposition

Appeal dismissed; costs to defendant

Orders

  • Appeal dismissed
  • Costs of and occasioned by this appeal to the defendant, to be taxed if not agreed, to be paid forthwith