RAI RAMESH v. NESCO-CHINA STATE-HIP HING-JOINT VENTURE AND OTHERS

RAI RAMESH v. NESCO-CHINA STATE-HIP HING-JOINT VENTURE AND OTHERS

Because liability had been conceded and the defendants advanced only speculation without pleaded allegations or prima facie evidence, the proposed interrogatories were a fishing exercise not directed to any matter in question between the parties and the information could be obtained by cross-examination at the assessment; therefore the application to administer interrogatories was dismissed and costs awarded to the plaintiff.

Citation
RAI RAMESH v. NESCO-CHINA STATE-HIP HING-JOINT VENTURE AND OTHERS
Parties
Plaintiff: Rai Ramesh; 1st Defendant: NESCO-CHINA STATE-HIP HING-JOINT VENTURE; 2nd Defendant: NESCO ENTRECANALES CUBIETRTAS, S.A.; 3rd Defendant: China State Consruction Engineering Corporation
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
10 June 2008
Case Number
HCPI436/2007
Procedural Posture
Personal Injuries Action (hcpi 436/2007) / Interlocutory Application Re Interrogatories After Liability Conceded; Assessment of Damages Pending
Outcome
Application dismissed; costs to the plaintiff; costs to be assessed on a gross sum basis pursuant to O62 r9(4)(b) at a half-hour hearing; no bill of costs required
Legal Topics
Interrogatories, Discovery, Assessment of Damages, Costs, Fishing Expedition, Consent Judgment
Source Language
EN
Personal Injury Civil Procedure Evidence Discovery Interrogatories Assessment of Damages Costs Fishing Expedition +1 more

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Parties

Rai Ramesh

Plaintiff

NESCO-CHINA STATE-HIP HING-JOINT VENTURE

1st Defendant

NESCO ENTRECANALES CUBIETRTAS, S.A.

2nd Defendant

China State Consruction Engineering Corporation

3rd Defendant

Procedural Posture

Personal Injuries Action (hcpi 436/2007) / Interlocutory Application Re Interrogatories After Liability Conceded; Assessment of Damages Pending

Legal Issues

  1. 1 Whether interrogatories should be permitted after liability has been conceded
  2. 2 Whether the proposed interrogatories amount to a fishing expedition
  3. 3 Whether interrogatories relate to a matter in question between the parties

Ratio Decidendi

Because liability had been conceded and the defendants advanced only speculation without pleaded allegations or prima facie evidence, the proposed interrogatories were a fishing exercise not directed to any matter in question between the parties and the information could be obtained by cross-examination at the assessment; therefore the application to administer interrogatories was dismissed and costs awarded to the plaintiff.

Court Disposition

Application dismissed; costs to the plaintiff; costs to be assessed on a gross sum basis pursuant to O62 r9(4)(b) at a half-hour hearing; no bill of costs required

Orders

  • Application for interrogatories dismissed
  • Costs awarded to the plaintiff