WONG YIN CHAU v. HONG KONG ACADEMY OF MEDICINE AND OTHERS

WONG YIN CHAU v. HONG KONG ACADEMY OF MEDICINE AND OTHERS

Re-RSD refused as tactical, late, unclear and disproportionate (inflated claim beyond District Court jurisdiction); most of the additional witness statement paragraphs disallowed as irrelevant, speculative or raising unpleaded claims (save §§68‑70 allowed as relevant to earning capacity but costs ordered against plaintiff); psychiatric expert evidence was allowed because contemporaneous clinical records and clinicians' notes showed psychiatric issues post-accident, causation and detailed opinion were matters for expert evidence and admission of one psychiatric expert per party was proportionate with directed timetable; costs allocated accordingly.

Citation
[2018] HKDC 742
Parties
Plaintiff: WONG YIN CHAU; 1st Defendant: HONG KONG ACADEMY OF MEDICINE; 2nd Defendant: SUN HANG SHING CONSTRUCTION & DECORATION COMPANY LIMITED; 3rd Defendant: MAXIM’S CATERERS LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
27 June 2018
Case Number
DCPI1133/2016
Procedural Posture
Personal Injuries Action / Interlocutory Appeal Against Master’s Orders (leave to Adduce Witness Statements, Expert Evidence and Amendment to Statement of Damages)
Outcome
Re-RSD dismissed; appeal against Master on Witness Statement Summons dismissed except limited allowance for §§68‑70; appeal against Master on Expert Evidence Summons allowed.
Legal Topics
Leave to Adduce Evidence, Case Management Under CJR, Expert Psychiatric Evidence, Amendment of Statement of Damages, Relevance and Proportionality, Taxation of Costs, Certificate for Counsel
Source Language
EN
Civil Procedure Personal Injury Evidence Law Costs Law Leave to Adduce Evidence Case Management Under CJR Expert Psychiatric Evidence Amendment of Statement of Damages +3 more

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Parties

WONG YIN CHAU

Plaintiff

HONG KONG ACADEMY OF MEDICINE

1st Defendant

SUN HANG SHING CONSTRUCTION & DECORATION COMPANY LIMITED

2nd Defendant

MAXIM’S CATERERS LIMITED

3rd Defendant

Procedural Posture

Personal Injuries Action / Interlocutory Appeal Against Master’s Orders (leave to Adduce Witness Statements, Expert Evidence and Amendment to Statement of Damages)

Legal Issues

  1. 1 Whether leave should be granted to file and serve additional witness statement paragraphs (relevance, lateness, proportionality)
  2. 2 Whether leave should be granted to adduce psychiatric expert evidence (necessity, proportionality, causation)
  3. 3 Whether leave should be granted to file a re-revised statement of damages (timing, motive, jurisdictional limit)

Ratio Decidendi

Re-RSD refused as tactical, late, unclear and disproportionate (inflated claim beyond District Court jurisdiction); most of the additional witness statement paragraphs disallowed as irrelevant, speculative or raising unpleaded claims (save §§68‑70 allowed as relevant to earning capacity but costs ordered against plaintiff); psychiatric expert evidence was allowed because contemporaneous clinical records and clinicians' notes showed psychiatric issues post-accident, causation and detailed opinion were matters for expert evidence and admission of one psychiatric expert per party was proportionate with directed timetable; costs allocated accordingly.

Court Disposition

Re-RSD dismissed; appeal against Master on Witness Statement Summons dismissed except limited allowance for §§68‑70; appeal against Master on Expert Evidence Summons allowed.

Orders

  • Dismiss the plaintiff’s application to introduce the Re-RSD with costs in favour of the defendants to be taxed if not agreed; plaintiff’s own costs taxed in accordance with legal aid regulations
  • Dismiss the plaintiff’s appeal on the Witness Statement Summons with costs in favour of the defendants; plaintiff’s own costs taxed in accordance with legal aid regulations