Hong Kong Case Law: Decisions & Judgments

Topic

Leave to file

Legal area

Court

5 May 2022

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

Citation

[2022] HKCFI 1268
Court

Court of First Instance
Case number

HCA1332/2018

Appeal allowed because signed supplemental witness statements were ultimately provided and, viewed broadly and in context, address the remaining issue (whether PRC land was partnership asset or held on trust), are relevant and admissible and would assist the court at trial; objections as to select inconsistencies or repetition are matters for trial; accordingly leave granted to file and serve the supplemental statements and the specified costs orders made.
3 Dec 2019

FU SHU WAH & FU SHU WING in their personal capacities as beneficiaries AND in their capacities as the Administrators of THE ESTATE of HO SUNG LAI（何崇禮）, DECEASED v. FU MEI YUK

Citation

[2019] HKCFI 2969
Court

Court of First Instance
Case number

HCA2791/2015

Leave to file and serve portions of the proposed witness statement of Ho Sung Mei was granted only in respect of discrete, relevant paragraphs (paras 1,2,8 excluding the last sentence,9 and17); the remainder of the applications were dismissed because the contested material was collateral, aimed at discrediting witnesses rather than directly relevant to the substantive issues, and any alleged breach of confidentiality or personal data rules did not justify admission of that material or demonstrate perversion of the course of justice.
12 Nov 2019

YAN OI TONG LTD v. CHAN KA WING

Citation

[2019] HKCFI 2794
Court

Court of First Instance
Case number

HCA253/2018

Both parties were at fault for procedural failures and unnecessary escalation; leave was granted to the Plaintiff to file the supplemental witness statements and to the 2nd Defendant to file limited replies within specified deadlines; indemnity costs were not justified on these facts; accordingly costs of the summons are to be costs in the cause and not ordered forthwith; taxation to determine allowable items such as the affirmation costs.
19 Jun 2001

The Incorporated Owners of Wah Fat Industrial Building v. Lap Shing Investment (HK) Ltd.

Citation

The Incorporated Owners of Wah Fat Industrial Building v. Lap Shing Investment (HK) Ltd.
Court

District Court
Case number

DCCJ2620/2001

On balance the court exercised its discretion to allow the defendants to file the late affirmations and the proposed defence and counterclaim because refusal would effectively shut the defendants out of a substantial claim and the explanations, while not ideal, were sufficient to justify admission; the matter was adjourned and costs of the adjournment ordered against the plaintiff.

Hong Kong Case Law

YOE HAN YAUW v. YOE HAN HIAN AND OTHERS

FU SHU WAH & FU SHU WING in their personal capacities as beneficiaries AND in their capacities as the Administrators of THE ESTATE of HO SUNG LAI（何崇禮）, DECEASED v. FU MEI YUK

YAN OI TONG LTD v. CHAN KA WING

The Incorporated Owners of Wah Fat Industrial Building v. Lap Shing Investment (HK) Ltd.