Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Discovery and documentary evidence

Legal area

Court

18 Mar 2025

LEADER SCREWS MANUFACTURING COMPANY LTD v. HUANG SHUNKUI

Citation

[2025] HKCA 276
Court

Court of Appeal
Case number

CACV418/2022

The appeal was allowed and the first instance order set aside because the judge erred in failing to take into account relevant evidence and contextual matters; the proposed defences, while shadowy, raised triable issues and were arguable at interlocutory stage, and the five‑month delay was not wholly inexcusable; leave to file and serve the defence out of time was granted on condition of payment of sums realized into court and the Mareva injunction remains until trial.
2 Dec 2024

CHAN YUET CHUN v. HOSPITAL AUTHORITY

Citation

[2024] HKDC 1991
Court

District Court
Case number

DCPI1749/2020

Applying O38 r2A and CJR principles the court held that most disputed paragraphs contained inadmissible or irrelevant material (over-elaboration, recitation of medical records, opinion/speculation and matters outside the plaintiff's knowledge) and were disproportionate to the modest claim; the court expunged the vast majority of disputed material (75 paras wholly or partially and 3 exhibits) and allowed only four short paras and two photographic exhibits to remain; defendant substantially succeeded on the summons and was awarded costs; the court directed show-cause and wasted costs procedures…