TAM CHUN PUI v. HIP HING ENGINEERING (MACAU) CO., LTD AND OTHERS

TAM CHUN PUI v. HIP HING ENGINEERING (MACAU) CO., LTD AND OTHERS

The court granted leave to serve and require answers to the Accident Interrogatories because the circumstances of the alleged accident are clearly within the Applicant's knowledge, are relevant to the core issues of liability and causation, and allowing them is necessary for disposing fairly of the matter and for saving costs; the hypothetical But For Interrogatory was refused.

Citation
TAM CHUN PUI v. HIP HING ENGINEERING (MACAU) CO., LTD AND OTHERS
Parties
Applicant: TAM CHUN PUI; 1st Respondent (discontinued): HIP HING ENGINEERING (MACAU) CO., LTD.; 2nd Respondent: MILLENNIUM ENGINEERING LIMITED; 3rd Respondent: SUNLIGHT ENGINEERING AND CONSTRUCTION CO., LTD.
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
14 December 2006
Case Number
DCEC628/2006
Procedural Posture
Employees Compensation / Interlocutory Application for Leave to Serve Interrogatories
Outcome
Summons granted in part: leave to serve and require answers to Accident Interrogatories; But For Interrogatory refused.
Legal Topics
Employees Compensation Ordinance, Interrogatories, Burden of Proof, Costs
Source Language
EN
Employment Law Civil Procedure Personal Injury Employees Compensation Ordinance Interrogatories Burden of Proof Costs

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Parties

TAM CHUN PUI

Applicant

HIP HING ENGINEERING (MACAU) CO., LTD.

1st Respondent (discontinued)

MILLENNIUM ENGINEERING LIMITED

2nd Respondent

SUNLIGHT ENGINEERING AND CONSTRUCTION CO., LTD.

3rd Respondent

Procedural Posture

Employees Compensation / Interlocutory Application for Leave to Serve Interrogatories

Legal Issues

  1. 1 Whether interrogatories (Accident Interrogatories) are relevant and necessary for disposing fairly of the cause or for saving costs
  2. 2 Whether the hypothetical 'But For' interrogatory is permissible
  3. 3 Allocation of costs relating to the summons and answers to interrogatories

Ratio Decidendi

The court granted leave to serve and require answers to the Accident Interrogatories because the circumstances of the alleged accident are clearly within the Applicant's knowledge, are relevant to the core issues of liability and causation, and allowing them is necessary for disposing fairly of the matter and for saving costs; the hypothetical But For Interrogatory was refused.

Court Disposition

Summons granted in part: leave to serve and require answers to Accident Interrogatories; But For Interrogatory refused.

Orders

  • Leave granted to 2nd and 3rd Respondents to serve the Accident Interrogatories on the Applicant and for the Applicant to answer them by affidavit
  • But For Interrogatory not allowed and not to be served