25 May 2023
WU YURONG v. ON TIME BUILDING MATERIAL AND ENGINEERING COMPANY LTD
- Citation
- [2023] HKDC 670
- Court
- District Court
- Case number
- DCPI2188/2022
The summons against the plaintiff was dismissed because the plaintiff did not possess the treating doctor's internal notes, only the doctor could verify their existence or completeness, and the defendant had available and more appropriate procedural remedies (non‑party property inspection under s47B/Order 29 r7A or subpoena duces tecum under Order 38 r14) to obtain those records; therefore the order against the plaintiff would have been futile and unfair, and costs follow the event.