24 Sept 2024
On the balance of probabilities the court rejected the plaintiff's account due to inconsistency with contemporaneous medical records, internal inconsistencies in the plaintiff's statements, and indicators of witness partiality, and accepted the defendant's account that the plaintiff's injuries were more plausibly caused by a fall or other events, therefore the plaintiff's assault claim fails.
28 Sept 2020
The court allocated costs according to the outcomes of each appeal and interlocutory application: the plaintiff's appeal allowing reinstatement against the 2nd defendant entitles the plaintiff to costs from the 2nd defendant (including 70% of the 27/11/2014 hearing); leave to amend the 2nd defendant's name leads to costs in the cause for that amendment; the plaintiff's withdrawal of the discovery appeal results in the plaintiff paying the 2nd defendant's costs of that appeal; the 5/8/14 summary assessment costs are to be paid by the 2nd defendant to the plaintiff; Ip Chun's appeal allowing jo…
31 Jan 2008
The court refused to strike out or stay the District Court Statement of Claim: the assault/battery claim is a distinct cause of action from the High Court negligence claim and not an abuse of process; the negligence claim against the defendant is not shown to be an abuse given different defendants and no prior adjudication; amendment to the summons was allowed; proactive case management including transfer to the Court of First Instance was ordered; defendant to file defence within 14 days; costs orders as specified.