YUEN MING TUNG v. MAN LAU CHUEN AND ANOTHER

YUEN MING TUNG v. MAN LAU CHUEN AND ANOTHER

The summons was dismissed because answers to interrogatories are not pleadings and therefore cannot be the subject of further and better particulars unless the court first orders those answers to stand as pleadings; the defendants failed to follow proper procedure to obtain further interrogatories (no proposed interrogatories served with the summons) and cannot convert requests for particulars into interrogatories or use them to obtain discovery of documents.

Citation
[2021] HKDC 132
Parties
Plaintiff: YUEN MING TUNG; 1st Defendant: MAN LAU CHUEN; 2nd Defendant: MING WAI PUBLIC LIGHT BUS LIMITED
Court
District Court
Jurisdiction
Hong Kong
Judgment Date
29 January 2021
Case Number
DCPI2626/2016
Procedural Posture
Personal Injuries (assessment of Damages) / Interlocutory Application for Further and Better Particulars, Interrogatories and Discovery (case Management)
Outcome
Summons dismissed; costs awarded to plaintiff
Legal Topics
Further and Better Particulars, Order 26 Rule 5 (interrogatories), Order 24 Rule 7 (specific Discovery), Order 18 Rule 12, Case Management, Costs
Source Language
EN
Civil Procedure Discovery Interrogatories Personal Injury Further and Better Particulars Order 26 Rule 5 (interrogatories) Order 24 Rule 7 (specific Discovery) Order 18 Rule 12 +2 more

Case Brief

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Parties

YUEN MING TUNG

Plaintiff

MAN LAU CHUEN

1st Defendant

MING WAI PUBLIC LIGHT BUS LIMITED

2nd Defendant

Procedural Posture

Personal Injuries (assessment of Damages) / Interlocutory Application for Further and Better Particulars, Interrogatories and Discovery (case Management)

Legal Issues

  1. 1 Whether answers to interrogatories constitute pleadings and can be the subject of further and better particulars
  2. 2 Whether requests for further and better particulars can be treated as further interrogatories without following leave and service requirements
  3. 3 Whether interrogatories may be used to obtain documents by way of discovery

Ratio Decidendi

The summons was dismissed because answers to interrogatories are not pleadings and therefore cannot be the subject of further and better particulars unless the court first orders those answers to stand as pleadings; the defendants failed to follow proper procedure to obtain further interrogatories (no proposed interrogatories served with the summons) and cannot convert requests for particulars into interrogatories or use them to obtain discovery of documents.

Court Disposition

Summons dismissed; costs awarded to plaintiff

Orders

  • Summons dismissed
  • Costs awarded to the plaintiff to be paid by the 1st and 2nd defendants