SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD

SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD

The Master properly exercised case management powers in requiring the expert to provide his own explanation for alleged typographical errors; solicitors' explanations and unilateral replacement of the expert's report page were insufficient; therefore the Master's order was justified and the appeal is dismissed.

Citation
SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD
Parties
Plaintiff: Singh Sukhdev; Defendant: Great Expect Development Limited
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
13 March 2007
Case Number
HCPI753/2005
Procedural Posture
Personal Injuries Action / Appeal From Master’s Check List Hearing
Outcome
Appeal dismissed
Legal Topics
Disclosure, Expert Evidence, Typographical Errors in Expert Report, Costs
Source Language
EN
Personal Injury Civil Procedure Case Management Evidence Disclosure Expert Evidence Typographical Errors in Expert Report Costs

Case Brief

Summary, issues, holding and outcome

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Parties

Singh Sukhdev

Plaintiff

Great Expect Development Limited

Defendant

Procedural Posture

Personal Injuries Action / Appeal From Master’s Check List Hearing

Legal Issues

  1. 1 Whether the Master erred in ordering the expert to provide an explanation for alleged typographical errors in his report
  2. 2 Whether the plaintiff's solicitors' explanations could substitute for an explanation from the expert
  3. 3 Whether replacement of an expert report page by solicitors without the expert's explanation was acceptable

Ratio Decidendi

The Master properly exercised case management powers in requiring the expert to provide his own explanation for alleged typographical errors; solicitors' explanations and unilateral replacement of the expert's report page were insufficient; therefore the Master's order was justified and the appeal is dismissed.

Court Disposition

Appeal dismissed

Orders

  • Order of Master B. Kwan dated 5 February 2007 upheld
  • Dr Danny Tsoi to provide explanation for typographical errors and confirm whether he had seen the referenced documents as per Master’s directions