SINGH, HARJIT v. VSL HONG KONG LTD AND OTHERS

SINGH, HARJIT v. VSL HONG KONG LTD AND OTHERS

The Master allowed the late amendments because the proposed changes were arguable and relevant to a just resolution, the evidence was not new to defendants and caused no real prejudice, the delay was limited and did not disrupt the assessment, and the substantive issues (exclusion of months, notional earnings, multiplier, PSLA) were matters properly left for determination at the assessment hearing; however costs consequences flow to the applicant for making a late application.

Citation
SINGH, HARJIT v. VSL HONG KONG LTD AND OTHERS
Parties
Plaintiff: SINGH, HARJIT; 1st Defendant: VSL HONG KONG LIMITED; 2nd Defendant: DRAGAGES HONG KONG LIMITED, trading as DRAGAGES-NISHIMATSU JOINT VENTURE; 3rd Defendant: NISHIMATSU CONSTRUCTION CO., LTD., trading as DRAGAGES-NISHIMATSU JOINT VENTURE
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 July 2013
Case Number
HCPI153/2012
Procedural Posture
Personal Injury Assessment of Damages / Application for Leave to Amend Revised Statement of Damages and to Adduce Supplemental Witness Statements; Checklist Review Ordered
Outcome
Application allowed; leave granted to amend Revised Statement of Damages as per draft dated 17 June 2013 and leave to adduce supplemental witness statement and two additional witnesses; costs ordered nisi for defendants; checklist review hearing set and time for setting down extended.
Legal Topics
Amendment of Pleadings, Late Application, Witness Evidence, Notional Earnings, Multiplier Adjustment, PSLA
Source Language
EN
Personal Injury Civil Procedure Evidence Damages Assessment Amendment of Pleadings Late Application Witness Evidence Notional Earnings +2 more

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Parties

SINGH, HARJIT

Plaintiff

VSL HONG KONG LIMITED

1st Defendant

DRAGAGES HONG KONG LIMITED, trading as DRAGAGES-NISHIMATSU JOINT VENTURE

2nd Defendant

NISHIMATSU CONSTRUCTION CO., LTD., trading as DRAGAGES-NISHIMATSU JOINT VENTURE

3rd Defendant

Procedural Posture

Personal Injury Assessment of Damages / Application for Leave to Amend Revised Statement of Damages and to Adduce Supplemental Witness Statements; Checklist Review Ordered

Legal Issues

  1. 1 Whether to allow a late amendment to the Revised Statement of Damages
  2. 2 Whether supplemental witness statements and two new witnesses should be admitted late
  3. 3 Whether certain months' earnings should be excluded in calculating pre-accident average earnings

Ratio Decidendi

The Master allowed the late amendments because the proposed changes were arguable and relevant to a just resolution, the evidence was not new to defendants and caused no real prejudice, the delay was limited and did not disrupt the assessment, and the substantive issues (exclusion of months, notional earnings, multiplier, PSLA) were matters properly left for determination at the assessment hearing; however costs consequences flow to the applicant for making a late application.

Court Disposition

Application allowed; leave granted to amend Revised Statement of Damages as per draft dated 17 June 2013 and leave to adduce supplemental witness statement and two additional witnesses; costs ordered nisi for defendants; checklist review hearing set and time for setting down extended.

Orders

  • Leave granted to amend the Revised Statement of Damages in terms of the draft submitted with Messrs Or & Partners' letter of 17 June 2013 (paras 1–4 of summons)
  • Leave granted to adduce the plaintiff's supplemental witness statement and two additional witness statements