Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Order 38 r.2a

Legal area

Court

10 Mar 1995

HANWA KOZAI (HK) CO. LTD. v. HANGYIU LIMITED and Another

Citation

HANWA KOZAI (HK) CO. LTD. v. HANGYIU LIMITED and Another
Court

Court of First Instance
Case number

HCA5258/1994

The court refused to order that exchanged witness statements stand as the witnesses' evidence-in-chief because the credibility and reliability of key witnesses were in issue and oral examination-in-chief was necessary to enable the court to assess reliability and resolve conflicts in evidence; additionally, the absence of a direction from the Master that statements should stand does not justify less detailed witness statements.
22 Jun 1994

P.T. WEARWEL INTERNATIONAL v. COSMOPOLITAN MERCHANDISE (INTERNATIONAL) LTD.

Citation

P.T. WEARWEL INTERNATIONAL v. COSMOPOLITAN MERCHANDISE (INTERNATIONAL) LTD.
Court

Court of First Instance
Case number

HCA4364/1989

The Court exercised its discretion to grant limited leave to the Plaintiff to lead supplemental evidence on four specified areas despite inadequacy of the original Proof of Evidence, but imposed mandatory terms: the Plaintiff must serve signed supplemental statements by a fixed deadline, the Defendant may file replies by a fixed date, and the Plaintiff must pay the costs of and thrown away by the application and adjournment forthwith; questions about security for costs were deferred pending application.