Hong Kong Judgment

Court of First Instance

SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD

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01

Holding and result

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
  • A copy of Dr Tsoi's explanation to be sent to the defendant’s solicitors and the Court as directed
  • Costs of the Check List hearing to the defendant in any event

02

Material facts

Parties

Singh Sukhdev

Plaintiff Counsel: Mr John Wright instructed by Messrs John M. Pickavant & Co.

Great Expect Development Limited

Defendant Counsel: Ms E. Chan of Messrs Day & Chan

03

Procedural history

  1. Posture

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

04

Questions and positions

Legal issues

Party arguments

Applicant
The Master should not have made the order; the solicitors had provided explanations and a revised page 2; the Check List hearing and order were unnecessary.
Respondent
The Master was entitled to require the expert himself to explain the alleged errors to ensure proper disclosure and compliance with directions; solicitors' unilateral replacement of the page without the expert's explanation was not acceptable.

05

Court’s reasoning

  1. 01

    Rules of the High Court (Hong Kong) / case management principles

    Court has broad case management powers to require explanations and ensure disclosure compliance

  2. 02

    Principles of expert evidence and litigation practice

    Explanations and corrections to expert reports should originate from the expert to vouch for accuracy and authenticity

  3. 03

    Rules of the High Court (Hong Kong)

    A master/judge has discretion to make directions including costs orders in the exercise of case management

06

Ratio, limits and disposition

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.

Obiter and limits

  • Master was justified in seeking to ascertain whether all medical reports had been disclosed
  • The expert later provided the explanation by letter dated 9 February 2007 confirming typographical errors originating from former solicitors' instruction
  • There was nothing improper in the Master requiring the explanation to come from the expert rather than the solicitors

Court disposition

Appeal dismissed

  • 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
  • A copy of Dr Tsoi's explanation to be sent to the defendant’s solicitors and the Court as directed
  • Costs of the Check List hearing to the defendant in any event

Source and reliance status

Court of First Instance · 13 March 2007

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Judgment text

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Source document

Court of First Instance

Judgment· 13 March 2007

SINGH SUKHDEV v. GREAT EXPECT DEVELOPMENT LTD

bjbj HCPI 753/2005

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE PERSONAL INJURIES ACTION NO. 753 OF 2005

BETWEEN

SINGH SUKHDEV Plaintiff

GREAT EXPECT DEVELOPMENT LIMITED Defendant HCPI 836/2006

IN THE HIGH COURT OF THE

HONG KONG SPECIAL ADMINISTRATIVE REGION

COURT OF FIRST INSTANCE PERSONAL INJURIES ACTION NO. 836 OF 2006

BETWEEN

SINGH SUKHDEV Plaintiff

GREAT EXPECT DEVELOPMENT LIMITED Defendant Before : Hon Sakhrani J in Chambers Date of Hearing : 13 March 2007 Date of Judgment : 13 March 2007

J U D G M E N T

AUTONUMOUT This is an appeal from an order made by Master B. Kwan at a Check List hearing on 5 February 2007. She ordered, inter alia, that (1) The Plaintiff s solicitors to obtain a letter from Dr. Danny Tsoi for his explanation for the alleged typographical errors in items 2 and 3 of his report dated 10 October 2005 within 28 days, i.e. 5 March 2007; Dr. Tsoi shall inform the Court whether he had ever seen the documents referred to in items 2 and 3 of his report; A copy of the explanation of Dr. Tsoi shall be sent to the Defendant s solicitors and to the Court within 14 days thereafter, i.e. on or before 19 March 2007.

AUTONUMOUT She also ordered that the costs of that hearing be to the defendant in any event.

AUTONUMOUT Mr. Wright, for the plaintiff submits that the Master should not have made the above order but should have accepted the explanations proffered by the plaintiff s solicitors. The explanations were that there were typographical errors when referring to two reports mentioned in Dr. Tsoi s medical report dated 10 October 2005 and that the errors had been corrected by a revised page 2 of Dr. Tsoi s report. Those explanations were proffered by the plaintiff s solicitors to the defendant s solicitors in January prior to the Check List hearing. He submits that the Check List hearing on 5 February 2007 was unnecessary.

AUTONUMOUT After the order that was made by the Master on 5 February 2007, it transpires that Dr. Tsoi has by a letter dated 9 February 2007 proffered the explanation that his earlier report dated 10 October 2005 contained typographical errors in respect of two reports mentioned therein. The errors were due to his secretary copying directly the list of documents from an instruction letter from former solicitors for the plaintiff which contained errors.

AUTONUMOUT I am informed that on 5 February 2007 at the Check List hearing the Master sought to clarify the matter and asked the handling solicitors for the plaintiff whether or not she could produce all the medical reports referred to by Part B, page 2 of Dr. Tsoi s medical report dated 10 October 2005. The solicitors for the plaintiff, I am told, informed the Master that the plaintiff intended to replace page 2 of the medical report of Dr. Tsoi and the Master made the comment that the replacement of page 2 by way of the plaintiff s solicitors own arrangement without giving an explanation from Dr. Tsoi himself was not acceptable.

AUTONUMOUT In my view, as a matter of case management, the Master was trying to ascertain whether all the medical reports had been disclosed in compliance with directions given. At the Check List hearing on 5 February 2007 she sought clarification of the same. She was, in my view, entitled to require Dr. Tsoi to provide the explanation that he has now given. The Master apparently took the view that the explanation given by the solicitors should be provided by Dr. Tsoi himself and that is what he has now done. I see nothing wrong in the course adopted by the Master as a matter of case management.

AUTONUMOUT I dismiss the appeal. (Arjan H. Sakhrani) Judge of the Court of First Instance, High Court Mr John Wright, instructed by Messrs John M. Pickavant & Co., for the Plaintiff Ms E. Chan of Messrs Day & Chan, for the Defendant

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