RAI CHANDRAKUMAR v. YOUNG LIM CONSTRUCTION CO. LTD. AND OTHERS

RAI CHANDRAKUMAR v. YOUNG LIM CONSTRUCTION CO. LTD. AND OTHERS

The court refused leave to cross‑examine the Plaintiff's lay witnesses on liability because liability had been admitted and their evidence would be of marginal probative value to quantum; the court granted leave for a joint supplemental orthopaedic report limited to the effect of lack of physiotherapy and pre‑existing degeneration and how those factors apportion causation, to be produced within two months; and the court endorsed the practice of treating A&E/treatment records as agreed evidence as to authenticity and admissibility but recommended greater specificity where necessary.

Citation
RAI CHANDRAKUMAR v. YOUNG LIM CONSTRUCTION CO. LTD. AND OTHERS
Parties
Plaintiff: Rai Chandrakumar; 1st Defendant: Young Lim Construction Co. Ltd.; 2nd Defendant: Hyundai Engineering Co. Ltd.; 3rd Defendant: China Civil Engineering Construction Corp.
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
18 December 2009
Case Number
HCPI728/2007
Procedural Posture
Personal Injuries Action / Pre‑trial Review (assessment of Damages)
Outcome
Application to cross‑examine Plaintiff's witnesses on liability refused; leave granted for a joint supplemental orthopaedic report on lack of physiotherapy and pre‑existing degeneration; further PTR listed; costs of PTR awarded in the cause with Legal Aid taxation.
Legal Topics
Assessment of Damages, Expert Evidence (joint Reports), Medical Records Admissibility, Cross‑examination, Causation, Pre‑existing Condition Apportionment
Source Language
EN
Personal Injury Civil Procedure Evidence Assessment of Damages Expert Evidence (joint Reports) Medical Records Admissibility Cross‑examination Causation +1 more

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Parties

Rai Chandrakumar

Plaintiff

Young Lim Construction Co. Ltd.

1st Defendant

Hyundai Engineering Co. Ltd.

2nd Defendant

China Civil Engineering Construction Corp.

3rd Defendant

Procedural Posture

Personal Injuries Action / Pre‑trial Review (assessment of Damages)

Legal Issues

  1. 1 Leave to call orthopaedic experts to give oral evidence at assessment of damages
  2. 2 Leave to cross‑examine Plaintiff's witnesses on liability at assessment of damages
  3. 3 Clarification of standard direction that A&E and treatment hospital records be adduced as agreed evidence

Ratio Decidendi

The court refused leave to cross‑examine the Plaintiff's lay witnesses on liability because liability had been admitted and their evidence would be of marginal probative value to quantum; the court granted leave for a joint supplemental orthopaedic report limited to the effect of lack of physiotherapy and pre‑existing degeneration and how those factors apportion causation, to be produced within two months; and the court endorsed the practice of treating A&E/treatment records as agreed evidence as to authenticity and admissibility but recommended greater specificity where necessary.

Court Disposition

Application to cross‑examine Plaintiff's witnesses on liability refused; leave granted for a joint supplemental orthopaedic report on lack of physiotherapy and pre‑existing degeneration; further PTR listed; costs of PTR awarded in the cause with Legal Aid taxation.

Orders

  • Joint supplemental orthopaedic report on lack of physiotherapy and pre‑existing degeneration to be filed within 2 months from 17 December 2009
  • Further Pre‑Trial Review listed on 18 March 2010 at 11:00am (to be vacated if a paper order for setting down with satisfactory agreed directions is filed in good time)