Hong Kong Case Law: Decisions & Judgments | LexChat

Hong Kong Case Law

Safety compliance with emsd and clp guidance
  • 3 Nov 2016

    WONG PIK HA v. 源發大廈業主立案法團

    Citation
    WONG PIK HA v. 源發大廈業主立案法團
    Court
    Lands Tribunal
    Case number
    LDBM193/2015

    The application for leave to adduce expert evidence is refused because the disputed EMSD Request is a factual matter the expert cannot resolve, the safety objection rests on the IO's factual state of mind and must be supported by factual evidence rather than after‑the‑fact expert opinion, EMSD and CLP correspondence and guidance are the appropriate sources for proper procedures, and the IO sought expert evidence to gather support for its defence rather than to address a pleaded issue; therefore expert evidence is unnecessary, irrelevant and not probative.