KWAN KWAI LIN AND ANOTHER v. YEUNG ON KI

KWAN KWAI LIN AND ANOTHER v. YEUNG ON KI

Leave was granted. The judge held that because the Court of Appeal remitted issues to a different judge, fresh evidence could be admitted; the Daughter's statement was short and probative, the Defendant could adequately respond within available time, there was insufficient prejudice or disruption to justify refusal, and the objectives of civil justice reform did not outweigh the need to decide the dispute on substantive merits. Accordingly admission was justified and conditional directions for a supplemental statement and costs were ordered.

Citation
[2025] HKCFI 5265
Parties
1st Plaintiff (in Personal Capacity): Kwan Kwai Lin; 2nd Plaintiff (administrator of the Estate of Yeung Ho Wai, Deceased): Kwan Kwai Lin; Defendant: Yeung On Ki
Court
Court of First Instance
Jurisdiction
Hong Kong
Judgment Date
5 November 2025
Case Number
HCA3013/2015
Procedural Posture
Civil (trust/property) / Pre Trial Application for Leave to Adduce Witness Statement Before Re Trial
Outcome
Leave granted to the plaintiffs to file and serve the Witness Statement of Kwan Tsz Ching; leave granted to the Defendant to file and serve a supplemental witness statement by 1 December 2025; costs of the application to be in the cause of the re-trial; plaintiffs' own costs to be taxed in accordance with Legal Aid...
Legal Topics
Constructive Trust, Resulting Trust, Late Evidence, Leave to Adduce Witness Evidence, Retrial
Source Language
EN
Trusts Property Civil Procedure Evidence Constructive Trust Resulting Trust Late Evidence Leave to Adduce Witness Evidence +1 more

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Parties

Kwan Kwai Lin

1st Plaintiff (in Personal Capacity)

Kwan Kwai Lin

2nd Plaintiff (administrator of the Estate of Yeung Ho Wai, Deceased)

Yeung On Ki

Defendant

Procedural Posture

Civil (trust/property) / Pre Trial Application for Leave to Adduce Witness Statement Before Re Trial

Legal Issues

  1. 1 Whether leave should be granted to adduce a new witness statement at the re-trial
  2. 2 Whether the late introduction of the witness statement would cause unfair prejudice or disruption to the Defendant
  3. 3 Whether the Court of Appeal's remittal to a different judge permits admission of fresh evidence

Ratio Decidendi

Leave was granted. The judge held that because the Court of Appeal remitted issues to a different judge, fresh evidence could be admitted; the Daughter's statement was short and probative, the Defendant could adequately respond within available time, there was insufficient prejudice or disruption to justify refusal, and the objectives of civil justice reform did not outweigh the need to decide the dispute on substantive merits. Accordingly admission was justified and conditional directions for a supplemental statement and costs were ordered.

Court Disposition

Leave granted to the plaintiffs to file and serve the Witness Statement of Kwan Tsz Ching; leave granted to the Defendant to file and serve a supplemental witness statement by 1 December 2025; costs of the application to be in the cause of the re-trial; plaintiffs' own costs to be taxed in accordance with Legal Aid...

Orders

  • Grant leave to the plaintiffs to file and serve the Witness Statement of Kwan Tsz Ching as per the draft attached to the Summons
  • Grant leave to the Defendant to file and serve a supplemental witness statement by 1 December 2025