FUNG WUN YIN MAGARET v. HOLLYTEX LTD AND ANOTHER

FUNG WUN YIN MAGARET v. HOLLYTEX LTD AND ANOTHER

Special leave to file the plaintiff's witness statement was granted because the 1st defendant only obtained leave to rely on Madam Wong's previously filed statement on 4 November 2010, thereby entitling the plaintiff to respond; the interrogatories and discovery sought were relevant and properly served in November 2010; prejudice to the 1st defendant was minimal and could be addressed; accordingly the court ordered the 1st defendant to procure Madam Wong to answer interrogatories and make discovery within specified times, extended trial length from 2 to 4 days, and made specified costs orders nisi.

Citation
FUNG WUN YIN MAGARET v. HOLLYTEX LTD AND ANOTHER
Parties
Plaintiff (personal Representative of the Estate of Fung William): Fung Wun Yin Magaret; 1st Defendant: Hollytex Limited; 2nd Defendant: Wong Kam Kao
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
21 January 2011
Case Number
HCA4841/2002
Procedural Posture
Civil (trust/property) / Case Management / Pre Trial Interlocutory Applications (ptr)
Outcome
Applications granted in part: special leave granted; orders made for interrogatories and discovery; trial length increased; costs orders nisi made.
Legal Topics
Special Leave to Adduce Evidence, Unless Order/debarment, Interrogatories, Specific Discovery, Striking Out, Case Management/trial Allocation
Source Language
EN
Civil Procedure Trusts Property Evidence Disclosure/discovery Costs Special Leave to Adduce Evidence Unless Order/debarment +4 more

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 4 Authorities cited 1 Party arguments 2 Amounts and remedies 6
Sign in to unlock

Parties

Fung Wun Yin Magaret

Plaintiff (personal Representative of the Estate of Fung William)

Hollytex Limited

1st Defendant

Wong Kam Kao

2nd Defendant

Procedural Posture

Civil (trust/property) / Case Management / Pre Trial Interlocutory Applications (ptr)

Legal Issues

  1. 1 Whether special leave should be granted to the plaintiff to file a witness statement despite debarment under an unless order
  2. 2 Whether the plaintiff should be allowed to administer interrogatories and obtain specific discovery after the relevant deadlines
  3. 3 Whether the 1st defendant must procure a third party witness (Madam Wong) to answer interrogatories and produce documents

Ratio Decidendi

Special leave to file the plaintiff's witness statement was granted because the 1st defendant only obtained leave to rely on Madam Wong's previously filed statement on 4 November 2010, thereby entitling the plaintiff to respond; the interrogatories and discovery sought were relevant and properly served in November 2010; prejudice to the 1st defendant was minimal and could be addressed; accordingly the court ordered the 1st defendant to procure Madam Wong to answer interrogatories and make discovery within specified times, extended trial length from 2 to 4 days, and made specified costs orders nisi.

Court Disposition

Applications granted in part: special leave granted; orders made for interrogatories and discovery; trial length increased; costs orders nisi made.

Orders

  • 1st defendant to procure Madam Wong to answer the interrogatories served on 2 November 2010 by affidavit to be filed and served on the plaintiff's solicitors within 21 days from the date of the decision.
  • 1st defendant to make discovery of the documents requested by the plaintiff's solicitors in the letter of 2 November 2010 within 21 days from the date of the decision.