CHAN KAI YAN AND ANOTHER v. LEUNG CHI KIT AND OTHERS

CHAN KAI YAN AND ANOTHER v. LEUNG CHI KIT AND OTHERS

The court granted leave to file and serve Wong's witness statement and the annexed documents because the statement is clearly relevant, the plaintiffs had prior notice and there was minimal prejudice, the lateness was explainable and manageable, and admission of the material would not jeopardise the PTR or trial; case management discretion favoured allowing the evidence with directions.

Citation
[2023] HKCFI 2015
Parties
1st Plaintiff: Chan Kai Yan; 2nd Plaintiff: To Yuk Ling (formerly To Shuet Mui), Administratrix of the estate of Chiu Chi Kuen (Deceased); 1st Defendant: Leung Chi Kit; 2nd Defendant: Shiu Kwok Kuen; 3rd Defendant: Ng Choi Chi (deceased); 4th Defendant: Wong Hoi Ming; 5th Defendant: Choi Wai Kit; 6th Defendant: Sun Hing Ginza Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
2 August 2023
Case Number
HCA2498/2014
Procedural Posture
Civil Action Company/shareholder Dispute / Interlocutory Application Before Pre Trial Review (application to Adduce Witness Statement)
Outcome
Application allowed
Legal Topics
Shareholders Agreement, Return of Capital, Winding Up, Admissibility of Witness Statements, Reflective Loss
Source Language
EN
Company Law Contract Civil Procedure Evidence Conspiracy Shareholders Agreement Return of Capital Winding Up +2 more

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Parties

Chan Kai Yan

1st Plaintiff

To Yuk Ling (formerly To Shuet Mui), Administratrix of the estate of Chiu Chi Kuen (Deceased)

2nd Plaintiff

Leung Chi Kit

1st Defendant

Shiu Kwok Kuen

2nd Defendant

Ng Choi Chi (deceased)

3rd Defendant

Wong Hoi Ming

4th Defendant

Choi Wai Kit

5th Defendant

Sun Hing Ginza Limited

6th Defendant

Procedural Posture

Civil Action Company/shareholder Dispute / Interlocutory Application Before Pre Trial Review (application to Adduce Witness Statement)

Legal Issues

  1. 1 Whether D1, D2 and D5 should be permitted to rely on a late witness statement of Wong
  2. 2 Whether the witness statement and annexed documents are admissible and relevant to issues at trial
  3. 3 Whether granting leave would cause prejudice or amount to abuse of process or undue delay

Ratio Decidendi

The court granted leave to file and serve Wong's witness statement and the annexed documents because the statement is clearly relevant, the plaintiffs had prior notice and there was minimal prejudice, the lateness was explainable and manageable, and admission of the material would not jeopardise the PTR or trial; case management discretion favoured allowing the evidence with directions.

Court Disposition

Application allowed

Orders

  • D1, D2 and D5 have leave to file and serve Wong Hoi Ming's witness statement (duly signed with a statement of truth) within seven days
  • D1, D2 and D5 have leave to file and serve a second supplemental list of documents listing the documents annexed to Wong's statement within seven days