Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Late evidence on appeal
  • 9 Oct 2012

    KWAN YUEN MEI v. LAU SUI YUEN

    Citation
    KWAN YUEN MEI v. LAU SUI YUEN
    Court
    Court of First Instance
    Case number
    HCPI569/2009

    The negligence claims were properly struck out because the plaintiff failed to adduce expert medical evidence complying with the formal requirements and addressing causation and breach under the Bolam test; the proffered reports were non‑compliant, inadequate or unavailable for oral testimony and there were no special grounds to admit late expert material on appeal. However, the Master erred in refusing to allow a battery claim to proceed against Dr Lau where it was arguable he procured or authorised the nurses to perform the urine tests, so leave was granted to pursue the battery claim again…