19 Jan 2023
EGNER DAVID PARKS AND OTHERS v. CATHAY PACIFIC AIRWAYS LTD AND ANOTHER
- Citation
- [2023] HKCFI 351
- Court
- Court of First Instance
- Case number
- HCA244/2014
Application dismissed. The court held VCF is an exception and no sound reasons were demonstrated: the 4th Plaintiff deliberately chose not to meet longstanding entry vaccination requirements and that choice does not justify departure from in‑court testimony, and Mr Gardner's asserted business convenience and lack of prior planning were insufficient. Both witnesses' evidence is contested and raises credibility issues that require in‑person examination. The application was also filed late without adequate explanation; delay and prejudice weighed against granting VCF.