CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY

The application was refused because allowing the witness to address matters absent from his original statement and adjourning to obtain such a statement would prejudice the plaintiffs by upsetting their trial preparation and tactics, particularly cross-examination.

Source-derived case information.

Citation
CHAN TIN YAU AND OTHERS v. TSANG KWOK KAY
Parties
Plaintiff: Plaintiffs; Defendant: Defendant
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
14 September 2006
Case Number
HCA21228/1998
Procedural Posture
Civil (high Court) / Application During Trial for Leave to Confer With Witness and Short Adjournment
Outcome
Application refused
Legal Topics
Adjournment, Witness Statements, Cross Examination, Trial Preparation, Prejudice
Source Language
en
Civil Procedure Evidence Adjournment Witness Statements Cross Examination Trial Preparation Prejudice

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Summary, issues, holding and outcome

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Parties

Plaintiffs

Plaintiff

Defendant

Defendant

Procedural Posture

Civil (high Court) / Application During Trial for Leave to Confer With Witness and Short Adjournment

Legal Issues

  1. 1 Whether defendant should be permitted to obtain a further witness statement from DW6 containing matters absent from his original statement
  2. 2 Whether a short adjournment should be granted to permit preparation of that statement
  3. 3 Whether permitting new matters in witness evidence would prejudice the plaintiffs by upsetting trial tactics, particularly cross-examination

Ratio Decidendi

The application was refused because allowing the witness to address matters absent from his original statement and adjourning to obtain such a statement would prejudice the plaintiffs by upsetting their trial preparation and tactics, particularly cross-examination.

Court Disposition

Application refused

Orders

  • The defendant's application for leave to confer with DW6 to obtain a further witness statement is refused.
  • The defendant's application for a short adjournment of the trial to obtain such a statement is refused.