TSUI KOON WAH v. LAM KING YUEN AND OTHERS

TSUI KOON WAH v. LAM KING YUEN AND OTHERS

Given the imminence of trial, the lateness of the request, the lack of demonstrated necessity for fair disposal or saving costs, the potential for oppression and the fact that defendants will be called as witnesses at trial, the court exercised its discretion to accede to the defendants' summons and ordered the interrogatories withdrawn and costs to defendants.

Citation
TSUI KOON WAH v. LAM KING YUEN AND OTHERS
Parties
Plaintiff: TSUI KOON WAH; 1st Defendant: LAM KING YUEN; 2nd Defendant: KWOK YUEN HAN; 3rd Defendant: TAM WAI HUNG; 4th Defendant: NG LAW SEE LING
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
20 October 2004
Case Number
HCA890/2003
Procedural Posture
Defamation / Interlocutory (pre Trial)
Outcome
Application granted: interrogatories withdrawn; costs awarded to defendants; order nisi made.
Legal Topics
Interrogatories, Withdrawal of Interrogatories, Oppressiveness, Necessity for Fair Disposal, Costs
Source Language
EN
Defamation Civil Procedure Discovery/interrogatories Employment (contextual) Interrogatories Withdrawal of Interrogatories Oppressiveness Necessity for Fair Disposal +1 more

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Parties

TSUI KOON WAH

Plaintiff

LAM KING YUEN

1st Defendant

KWOK YUEN HAN

2nd Defendant

TAM WAI HUNG

3rd Defendant

NG LAW SEE LING

4th Defendant

Procedural Posture

Defamation / Interlocutory (pre Trial)

Legal Issues

  1. 1 Whether the plaintiff's interrogatories filed 1 September 2004 should be withdrawn given proximity to trial
  2. 2 Whether interrogatories are oppressive, irrelevant, prolix or an improper fishing exercise
  3. 3 Whether answers could be obtained at trial and whether justice requires requiring answers at this late stage

Ratio Decidendi

Given the imminence of trial, the lateness of the request, the lack of demonstrated necessity for fair disposal or saving costs, the potential for oppression and the fact that defendants will be called as witnesses at trial, the court exercised its discretion to accede to the defendants' summons and ordered the interrogatories withdrawn and costs to defendants.

Court Disposition

Application granted: interrogatories withdrawn; costs awarded to defendants; order nisi made.

Orders

  • The interrogatories filed by the plaintiff on 1 September 2004 are withdrawn.
  • Costs of this application are to be to the defendants, to be taxed if not agreed.