Hong Kong Case Law: Decisions & Judgments | LexChat

Topic

Relevance and necessity of evidence

Legal area

Court

29 Jul 2011

LEUNG KANG WAI v. DUSSMANN SERVICE HONG KONG LTD

Citation

LEUNG KANG WAI v. DUSSMANN SERVICE HONG KONG LTD
Court

District Court
Case number

DCPI297/2010

The appeal was dismissed because there was no evidential basis to claim PTSD from the 2007 slip-and-fall, the clinical psychologist did not diagnose PTSD, the accident did not meet DSM-IV trauma criteria, the plaintiff's prior psychiatric history negated a clear causal link, and psychiatric expert evidence was neither relevant nor necessary and would be disproportionate and uneconomic.
27 Mar 1990

OVERSEAS TRUST BANK LTD. v. GOOPERS & LYBRAND (a firm) AND OTHERS

Citation

OVERSEAS TRUST BANK LTD. v. GOOPERS & LYBRAND (a firm) AND OTHERS
Court

Court of First Instance
Case number

HCA5764/1986

Subpoenas to non‑parties were set aside because the material sought was not shown to be necessary evidence for either party (the required narrower test for subpoena differs from the broader discovery test), the subpoenas were overbroad and oppressive for lack of specificity, and production would conflict with the statutory secrecy in s120 of the Banking Ordinance; additionally, public interest immunity was properly claimed and, on the evidence, inspection was not justified.